Overview

A disabled 4-year-old boy was found unresponsive in a pool at Lincoln Elementary School in Ontario, California. His mother, Monica Leiva, has initiated legal action against the Ontario-Montclair School District, claiming that staff negligence led to the incident.

Key details

  • The boy, referred to as J.M. in legal documents, is nonverbal and autistic.
  • He also has spina bifida and hydrocephalus.
  • J.M. has an individualized education plan that requires constant one-on-one supervision.
  • On December 12, he was reportedly left alone by two pools at the school.
  • At the time of the incident, he was without any flotation devices.
  • He was later found face down in the pool and was airlifted to a hospital.
  • The lawsuit alleges that the school staff abandoned him in a dangerous environment.
  • Attorney Robert Glassman described the situation as a “catastrophic failure” of supervision.
  • A teacher’s aide reported being away from J.M. for approximately 10 minutes before the emergency unfolded.
  • During that time, people began yelling for help upon discovering him in the pool.
  • The district has stated it cannot comment on ongoing litigation.
  • A separate incident involving a student at Reseda Charter High resulted in a death and a juvenile arrest for murder.

Context

This incident has raised serious concerns regarding the safety protocols in place for students with special needs in educational settings, particularly in environments with potentially hazardous features like pools.

What happens next

The legal proceedings will continue as the lawsuit progresses through the San Bernardino County Superior Court, and the school district may respond to the allegations made in the complaint.

What we don't know yet

Details regarding the specific safety measures in place at the school, the exact circumstances leading to J.M.'s supervision lapse, and the district's response to the lawsuit are not confirmed.