The family of a 4-year-old non-verbal boy with autism has filed a lawsuit against the Ontario-Montclair School District, alleging gross negligence after the child was found facedown in a swimming pool at Lincoln Elementary.
The complaint, filed Wednesday in California Superior Court, details a harrowing incident on December 12, 2025, where the student—identified as J.M.—nearly lost his life after being left unattended by school staff for approximately 10 minutes.
According to court documents, J.M. suffers from spina bifida and hydrocephalus in addition to being non-verbal and autistic. His Individualized Education Plan (IEP) strictly mandated continuous one-on-one supervision.
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The lawsuit alleges that district staff violated this mandate, abandoning J.M. near two recreational pools without any flotation or safety devices. Attorney Robert Glassman, representing the family, stated that the boy crawled to a larger pool and remained submerged for nearly a minute before being discovered.
“That’s like an eternity,” Glassman told reporters. “He was found face down in the pool… before he was pulled out.”
The investigative narrative of the filing suggests the district attempted to mitigate the fallout through administrative maneuvering rather than transparency. The complaint alleges that:
- The family had previously submitted paperwork explicitly opting out of pool activities.
- The district transferred J.M. to a different campus without parental consent following the incident.
- This transfer was an alleged effort to “quietly address the dangerous condition” and avoid public accountability for the safety breakdown.
The legal filing includes an Ontario Police Department report that corroborates the lack of supervision. A teacher’s aide, specifically assigned to J.M., admitted she was away from the boy until she heard “people yelling frantically.”
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Furthermore, a teacher reportedly acknowledged she was supposed to be with J.M. but remained in her classroom during the near-drowning. Both staff members noted that J.M. is physically unable to maneuver independently.
J.M. was airlifted to a local hospital for emergency care following the incident. The family seeks damages for:
- Post-Traumatic Stress Disorder (PTSD) and a new, profound fear of water.
- Diminished cognitive function and aggravated physical limitations.
- Negligence and premises liability.
In a statement on Friday, a spokesperson for the Ontario-Montclair School District declined to address the specific allegations, citing a policy against commenting on pending litigation.
