Mother Sues School District After Disabled Boy Found Unresponsive in Pool
- Monica Leiva has filed a lawsuit against the Ontario-Montclair School District after her four-year-old disabled son nearly drowned in a pool at Lincoln Elementary School in Ontario, California.
- The complaint, filed in San Bernardino County Superior Court on April 8, 2026, alleges that school staff abandoned the child, identified as J.M., near two pools without any...
- He was subsequently airlifted to a hospital for emergency medical treatment.
Monica Leiva has filed a lawsuit against the Ontario-Montclair School District after her four-year-old disabled son nearly drowned in a pool at Lincoln Elementary School in Ontario, California.
The complaint, filed in San Bernardino County Superior Court on April 8, 2026, alleges that school staff abandoned the child, identified as J.M., near two pools without any flotation devices.
J.M. Was found face down and unresponsive in one of the pools. He was subsequently airlifted to a hospital for emergency medical treatment.
Incident Details and Supervision Failures
The incident occurred on December 12, 2025. According to court documents, J.M. Was left unsupervised near the school’s pools while a teacher’s aide stepped away for approximately 10 minutes.
The aide returned after hearing frantic yells and discovered the child unresponsive in the water. Staff provided immediate lifesaving measures before paramedics arrived to airlift the boy to a hospital for critical care.
The Ontario Police Department documented the event. In statements provided to police, a teacher admitted that she was supposed to remain with the boy but had instead gone into the classroom.
Child’s Medical Needs and IEP
The lawsuit emphasizes that J.M. Has significant vulnerabilities that required strict adherence to safety protocols. He is nonverbal and autistic and has both spina bifida and hydrocephalus.
Due to his condition, J.M. Is unable to use his legs below the knees and moves by pulling or dragging himself along.
The complaint states that the child’s individualized education plan (IEP) mandated constant one-on-one supervision. The family had previously provided warnings prohibiting the child from participating in pool activities.
Robert Glassman, attorney for the family
A child with significant needs was left alone in a dangerous environment when he required constant supervision. That is a catastrophic failure.
A representative for the Ontario-Montclair School District did not immediately respond to requests for comment following the filing of the lawsuit.