Lawsuit alleges Ontario school failed to supervise autistic 4-year-old who nearly drowned

The student's special education plan required constant one-on-one supervision, but he was left alone by the pool, the lawsuit claims.

Apr. 10, 2026 at 12:55am

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An abstract, out-of-focus photograph depicting a blurred, watery scene with muted colors, conceptually representing the trauma and uncertainty surrounding a school pool incident involving a young student with special needs.The near-drowning incident at an Ontario school pool has left a young autistic student with lasting trauma, exposing the critical need for proper supervision and adherence to special education plans.Los Angeles Today

A lawsuit has been filed against the Ontario-Montclair School District, alleging that employees were negligent when a non-verbal autistic 4-year-old student nearly drowned in the school's pool last year. The suit claims the school failed to follow the boy's special education plan, which required constant one-on-one supervision due to his disabilities, and left him unattended by the pool, leading to the near-drowning incident.

Why it matters

This case highlights the critical importance of adhering to special education plans and providing proper supervision for students with significant needs. The alleged failure to follow safety protocols and ensure the student's well-being has led to serious consequences, raising concerns about the district's ability to properly care for vulnerable students.

The details

According to the lawsuit, the 4-year-old student, identified as J.M., has spina bifida and hydrocephalus, which can cause mobility issues and cognitive impairment. The suit alleges that on December 12, J.M. was left alone by the school's pool for at least 10 minutes, despite his individualized education plan requiring constant one-on-one supervision. J.M. was later found unresponsive and face down in the water, and had to be rushed to the hospital. The near-drowning incident has allegedly left J.M. with changes in his cognitive function and post-traumatic stress disorder, and he is now terrified of the water.

  • On December 12, J.M. was left alone by the school's pool.
  • The lawsuit was filed on April 8, 2026.

The players

J.M.

A 4-year-old autistic student at Lincoln Elementary School who has spina bifida and hydrocephalus, requiring constant one-on-one supervision.

Monica Leiva

The mother of J.M., who filed the lawsuit against the Ontario-Montclair School District.

Robert Glassman

The family's attorney, who stated that the school's alleged failure to supervise J.M. was a "catastrophic failure" that nearly cost the child his life.

Ontario-Montclair School District

The school district being sued for allegedly failing to follow J.M.'s special education plan and provide proper supervision.

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What they’re saying

“This is every parent's nightmare. A child with significant needs was left alone in a dangerous environment when he required constant supervision. That is a catastrophic failure, and it nearly cost J.M. his life.”

— Robert Glassman, Family attorney

What’s next

The lawsuit is ongoing, and the school district has not yet commented on the case. The family is seeking damages for the alleged negligence and the impact on J.M.'s well-being.

The takeaway

This tragic incident underscores the critical need for schools to strictly adhere to special education plans and provide adequate supervision for students with significant disabilities. The alleged failure to do so in this case had devastating consequences and raises serious questions about the district's ability to properly care for vulnerable students.