Parents hope to bring about change after Fort Bend ISD student's deadly gym class collapse

HOUSTON (KTRK) -- The parents of a middle school student who died after collapsing at school took their grief to the Fort Bend ISD school board Monday night.

Dustin Chan, 12, collapsed during a Kickstart class at Dulles Middle School in January 2014. His parents recently won a lawsuit against Kickstart and the school nurse was reprimanded by the Texas Board of Nursing. They felt now was the time to talk the board.

"His death was as preventable as it was tragic," said their attorney, L. Lee Thweatt, who delivered the parents' message as they stood nearby.

It's been two years, and Sheila and Bobby Chan still have questions.

"Every day it's harder and harder. Why? Why? Why they didn't do it for him," Chan asked.

She had hoped for something at the meeting but left disappointed.

"This is not the answer I'm looking for," said Chan.

The timeline of events was shocking. After Dustin collapsed, no one summoned the school nurse, as surveillance video showed, until nine minutes later, and in the additional 10 minutes while they waited for EMS to arrive, no one performed CPR or used a defibrillator to try to save Dustin. He was struggling to breathe. He died 13 days later from cardiac arrest.

"They take away my heart my dreams, my future and the only son I have," said Chan.

The Chan's attorney took all of his allotted three and a half minutes, and then some, to speak to the Board.

"They (Fort Bend ISD) are immune under Texas law from a lawsuit. We hope they're not immune from profound self reflection about every policy and procedure," Thweatt said.

The Chans are shocked the nurse is still working at Dulles. They also take issue with a letter from the principal to parents the day after Dustin collapsed saying he "was given immediate and appropriate medical care."

"They give out inaccurate information to all parents," Chan said emphatically.

In response, the school board president expressed her condolences. Trustees did seem moved.

"I wanted them to see Bobby and Sheila and the gravity of their grief and the depth of their mourning in person," Thweatt added.

Fort Bend ISD also sent this statement:

"Our thoughts and prayers continue to be with Dustin Chan's family and friends. His death weighs heavily on the Fort Bend ISD community, as the tragic loss of a young person affects us all. Our highest priority is the safety and security of our students. We do not take this case lightly and we are continuously working to determine the best ways to meet our students' needs."