A harrowing incident occurred when a nonverbal four-year-old boy was discovered unresponsive in the shallow end of an elementary school pool, leading to a lawsuit against the school district. The boy, identified as J.M., was rushed to the hospital after being found face down in the water.
Monica Leiva, J.M.’s mother, has initiated legal action against the Ontario-Montclair School District. Her allegations point to gross negligence on the part of school staff, claiming they left her son unattended near the pool area, which directly contributed to the near-drowning incident.
Details of the Incident
According to court documents, J.M. suffers from several medical conditions, including spina bifida and hydrocephalus, and requires consistent one-on-one supervision as outlined in his individualized education plan. On December 12, the mother asserts that school personnel failed to monitor him correctly. This lapse in supervision occurred at Lincoln Elementary School in Ontario, where the boy reportedly entered the pool without any flotation devices and nearly drowned.
Robert Glassman, the family’s attorney, expressed the severity of the situation, stating, “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.” As of now, the school district has yet to comment on these allegations.
Aftermath and Continuing Impact
An interview with a teacher’s aide revealed that she had been away from J.M. for a mere ten minutes when chaos erupted, with other adults calling out for him. The boy’s teacher corroborated that it was her responsibility to stay with him, yet she left him unattended during the critical time.
After the incident and subsequent emergency treatment, it was reported that the school district transferred J.M. to a different facility without his mother’s consent, further complicating the family’s situation. The legal complaint suggests that this move was made in an attempt to downplay the serious safety issues at the campus.
Leiva had previously submitted documentation to the school stressing that her son should not participate in any pool-related activities. The distressing event has had lasting effects on J.M.; since the near-drowning, he has shown signs of cognitive decline, experiences post-traumatic stress, and developed a fear of water, particularly during bath time—something he once enjoyed.
The lawsuit, which seeks substantial damages for medical expenses, emotional trauma, and other appropriate relief, underscores a pressing need for accountability and reform within school safety protocols for vulnerable children.
