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

“This is every parent’s nightmare,” an attorney representing the boy’s family stated

The family of a non-verbal toddler with autism is suing a California school district after he was found facedown in a school pool when he was allegedly left unattended by staff.

According to the complaint filed on Wednesday, April 8, in California Superior Court, San Bernardino, against the Ontario-Montclair School District, the 4-year-old boy — identified in the court document as J.M. — nearly drowned on Dec. 12, 2025 at Lincoln Elementary.

The complaint, which PEOPLE obtained, alleged that school district staff abandoned J.M. next to two recreational pools for almost 10 minutes, which was in violation of the boy’s individualized education plan (IEP).

“J.M. is non-verbal, autistic, and suffers from spina bifida and hydrocephalus,” the complaint stated. “As an ESN student, his IEP mandated continuous one-on-one supervision while at school.”

“In fact, Defendants neglected to provide any flotation or pool safety devices for J.M. on the date of the incident because he was never to be left alone,” the complaint alleged.

Robert Glassman, an attorney for the family, alleged to CBS affiliate KCBS that J.M. was left unattended for 10 minutes when he was supposed to have an aide with him at all times.

“That’s like an eternity,” Glassman said. “And, he ended up crawling to the big pool and was found face down in the pool for close to a minute before he was pulled out.”

The complaint stated that J.M. was airlifted to a hospital where he underwent emergency care. It also said that the J.M.’s family submitted paperwork to the school and school district to not allow the child to participate in pool activities.

The court document also alleged that the district transferred J.M. to another school — without the consent of the boy’s family — as “an effort to quietly address the dangerous condition of the campus without publicly acknowledging the failures that led to J.M.’s near drowning.”

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“Rather than openly confront the safety breakdowns that placed J.M. in harm’s way, Defendants removed him from the campus altogether, attempting to manage the consequences of their misconduct behind the scenes instead of taking responsibility for what transpired,” the complaint further claimed.

As a result of the incident, the complaint alleged, J.M. has experienced post-traumatic stress disorder and diminutive cognitive function, and is scared of water and bath time.

“Because of the Defendants’ negligence, J.M.’s future now carries emotional burdens, aggravated cognitive limitations, and new sources of fear and pain that no child should ever be forced to bear,” the complaint stated.

The court document included a copy of an Ontario Police Department report about the incident. According to the police report, a teacher’s aide said she was away from J.M. until she heard “people yelling frantically and calling out to him.”

The aide in the police report contained in the complaint that J.M. did not have any water safety devices. She added that she is “specifically assigned to assist him during swim time.”

According to the same police report, a teacher acknowledged that she was supposed to remain with J.M., “but was in her classroom during the incident.”

Both staffers added that J.M. is unable to maneuver independently, according to the police report.

The complaint alleged negligence and premises liability on the part of the school district, and the family is seeking damages.

“This is every parent’s nightmare,” Glassman said in his law firm’s news release. “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.”

When reached for comment on Friday, April 10, a spokesperson for the Ontario-Montclair School District told PEOPLE, “The District has recently been made aware of a complaint being filed on this matter. In line with past practice, the District will not comment on pending litigation.”