In April, Shawna Mannon sued LTISD for $1.5 million on behalf of her son months after she said two Lake Travis High School football players intentionally endangered him by placing peanuts in his belongings.
The board's decision is set to come about a year after Mannon first publicly spoke about the incident at meeting in November 2023.
Current situation
At its Nov. 20 meeting, the board of trustees is scheduled to consult its attorney and consider a settlement demand in M. et al v. Lake Travis Independent School District et al, according to district documents.
On April 6, Mannon filed a lawsuit in a U.S. district court against LTISD, including Superintendent Paul Norton, LTHS Principal Debbie Garinger, LTHS Assistant Principal Sandra Surdy and Hank Carter, director of athletics and LTHS head football coach.
The lawsuit claims LTISD violated federal law due to its “failure to address the ongoing bullying” Mannon’s son experienced because of his peanut allergy, according to the original complaint.
Parties seeking relief were required to submit a written settlement offer by Nov. 11 with the opposing party responding on or before Dec. 4, according to a scheduling order filed Sept. 9. If a settlement is not reached, a jury trial will be held Sept. 22 at 9:30 a.m., according to court documents.
According to a court report filed Oct. 4, the parties had discussed early mediation but did not reach an agreement.
The backstory
On Oct. 6, 2023, Mannon’s son discovered two of his teammates on the LTHS varsity football team put peanuts in his athletic locker, cleats and uniform, Mannon said. This occurred a day after his teammates learned he had a life-threatening peanut allergy, according to the complaint.
Mannon’s son—who did not eat the peanuts or wear the contaminated uniform—did not require emergency medical treatment but developed hives on arms for several days following the incident, court documents state.
At a November 2023 meeting, Mannon addressed the board of trustees about the incident and said the students involved received “minimal consequences.”
Mannon told Community Impact LTHS officials said the students would be disciplined by football department staff, who benched the students for two games. District officials said they could not share how the students were disciplined due to federal privacy laws protecting minors.
Following the meeting, the district opened an investigation to determine if bullying took place. The investigation, which closed on Dec. 8, determined the “legal elements of bullying were not met” under state law, said Marco Alvarado, LTISD executive director of communications and community relations.
This ruling was later affirmed by a review from the Texas Education Agency in February, which found “no violations of law or policy,” Alvarado said. The district’s police department also conducted an investigation that was reviewed by the assistant district attorney’s office and determined criminal charges were not warranted.
Mannon filed a grievance with the district in late December, which the district responded to in February, Alvarado said. While the district granted Mannon’s request to educate students on food allergies, it denied re-evaluating its disciplinary response, she told Community Impact.
Her son continued to face bullying at school and online following the incident, according to court documents. He has since transferred to Leander ISD while Mannon's family moved outside the district.
A closer look
The lawsuit states that Mannon’s son faced “persistent disability-based harassment, bullying and assaults” as well as discrimination because of his peanut allergy.
The district failed to intervene in the situation, provide him accommodations and “enforce disciplinary measures mandated by state law,” according to court documents. The complaint alleges that state law and LTISD’s policy should've required one of the students involved to be placed in a disciplinary alternative education program, or DAEP, for assault.
The lawsuit criticizes the district for inadequately training staff on responding to bullying and harassment as well as not updating its food allergy policies until after the incident. It cites an incident in 2022 during which LTISD had to administer epinephrine to Mannon’s son and call for emergency services after he had a severe allergic reaction to a cookie from the LTHS cafeteria.
The lawsuit—seeking $1.5 million in compensation—claims LTISD violated the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and federal civil rights law under the 14th Amendment.
The other side
A motion to dismiss Mannon’s complaint, filed by LTISD's legal team, states that she failed to show LTISD demonstrated “intentional discrimination.” The district claims that Mannon could not demonstrate her son was treated differently than other individuals or that his allergy influenced how the district treated him during the bullying investigation.
The motion states that the football coach provided Mannon’s son a clean uniform and cleats so he could play in the varsity football game that evening.
After the bullying investigation concluded, the district counseled one of the students involved and directed him to stay away from Mannon’s son. The football coaching staff was committed to monitoring the students’ interactions and “fostering a positive environment” on the team, the motion states.
