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N Cal Atty
N Cal Atty, Lawyer
Category: Education Law
Satisfied Customers: 9333
Experience:  attorney at self
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Can a student in a wheelchair be restrained with a seatbelt

Customer Question

Can a student in a wheelchair be restrained with a seatbelt throughout the school day? I have a student who has a shunt and his IEP currently states he must wear a helmet with short breaks, and he must be restrained by a seatbelt in his wheelchair for safety at all times in school. I worked in the hospital for a few years, and was told, there, that seatbelts were restraints and could not be used except at specific times for specific uses, but not regularly.
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Alaska
JA: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?
Customer: I want to be sure we are following applicable federal and state law.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at this time.
Submitted: 10 months ago.
Category: Education Law
Expert:  N Cal Atty replied 10 months ago.

Thank you for your question.

Is the student objecting to the seatbelt?

Customer: replied 10 months ago.
Expert:  N Cal Atty replied 10 months ago.

You will have to ask for a review of the IEP.

The IEP is a legal document and if the student falls out of the chair because he or she was not belted in, the school can be sued for endangering the student by not complying with the IEP.

You can start by discussing this with the school administration and hopefully they can contact the parents and agree to modify the IEP.

I am sorry this may not be the answer you had hoped for, but it would be unfair to you, and unprofessional of me, not to provude accurate information.

I hope this information is helpful.

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