Nonverbal 4-Year-Old with Autism Found Facedown in School Pool After He Was Left Alone. Now He’s Afraid of Water, Lawsuit Alleges

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.

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…

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