Panish | Shea | Ravipudi LLP attorneys Robert Glassman and Joe O’Hanlon have filed a lawsuit against the Ontario-Montclair School District on behalf of a 4-year-old, special needs Transitional Kindergarten student who nearly drowned after being left unattended near school pools in violation of his individualized education plan.
On December 12, 2025, J.M.—a non-verbal child with autism, spina bifida, and hydrocephalus—was left unattended for approximately 10 minutes near two recreational pools at Lincoln Elementary School in Ontario, California. His individualized education plan (IEP) required continuous one-on-one supervision at all times while at school due to his extensive support needs. Despite these requirements—and without any flotation or safety measures in place—school staff allegedly left J.M. alone in close proximity to the pools. During that time, the child entered the water and was later discovered face-down and unresponsive.
Emergency responders responded to the scene and airlifted J.M. to San Antonio Regional Hospital, where he received urgent, life-saving treatment.
The incident has had a profound impact on J.M.’s life, leaving him with changes in his cognitive function and Post Traumatic Stress Disorder. Before the incident, water—especially bath time—was a source of comfort and care. Now, he is terrified of it.
“This is every parent’s nightmare,” said Mr. Glassman “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.”
The complaint further alleges that J.M.’s mother had previously made clear that he was not to use the school’s pools, and that after the incident, the district transferred him to another school without her consent.
The lawsuit brings claims for negligence and premises liability, alleging that the school failed to follow J.M.’s care plan, failed to supervise him, and failed to ensure a safe environment.