Boy with special needs found face down in his Ontario school's pool

An Ontario mother sued the school district after staff found her son face down in a pool after teachers and aides allegedly left him unattended.

The family's attorney, Robert Glassman, said the little 4-year-old boy is nonverbal, has autism, spina bifida and hydrocephalus. The young boy, identified as J.M., adapted to his condition by using his upper-body strength to move around.

"He can't speak," Glassman said. "He can't tell his mom and his family how he's feeling. So, he's living with this nightmare terror inside."

His family said their son has not been the same since he nearly drowned at Lincoln Elementary last December. 

"He was left unattended — when he was supposed to have a one-on-one aide with him at all times — for 10 minutes," Glassman said. "That's like an eternity. 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."

An Ontario Police Department report provided to CBS LA by the family's attorney indicates a teacher's aide said she had been away from J.M. for 10 minutes when she began to hear people yelling frantically and calling out to him. The report also indicates that a teacher acknowledged she was supposed to remain with J.M. but was in her classroom during the incident. 

The child was airlifted to a hospital. 

"The degree of negligence in this case is really astounding," Glassman said. 

Glassman added that J.M. went without oxygen and now has diminished cognitive function, as well as post-traumatic stress, even during bath time. 

The family's lawsuit accuses the Ontario-Montclair School District of negligence and unsafe campus conditions. CBS LA contacted the district and school board about the incident, but did not receive an immediate response. 

The district told the LA Times that it could not comment on pending litigation. 

"He very easily could have died as a result of this incident," Glassman said. 

Glassman said the family wants the school to fix safety issues at their campus pools.