Safety Seats

[Kstnstr]

Hi. I have twin four year olds in prek special education. Their IEP's both state they need five point restraint seats on the bus. For to years they have been riding a small bus. Our district changed bus companies and now has them on a big bus with no seats. They are both under forty pounds. The bus driver told me to put the seat belt on them and they would be fine. They are small and I think would slide through seat belt. Legally what do they have to do in NJ?
I drove my kids to school today because I did not feel they were safe. Help!

Karen

 

[cantabdad]

The federal NHTSA guideline is that "preschool age" children should be in an age-appropriate child restraint.

http://www.nhtsa.gov/people/injury/buses/guide1999/prekfinal.htm

I'm not a tech, but I believe the national CPS curriculum also suggests that children under about 40 lbs. should be in carseats on school buses if possible.

Neither of these is strictly binding on NJ - where I believe the law requires seatbelts but not more - but it might be persuasive in your discussions with the school district. Moreover if it specifically called for in their IEP then you have state and federal special education law on your side, at least in theory.

 

[nannykates]

Call the bus company, either ask for a STAR seat or for permission to install your own conventional 5pt car seats for them. They are required by law to accommodate the IEP.

 

[scoutingbear]

If it is in their IEP that they have a 5 point harness, the bus driver can not make the decision to change that. It is federal law that the IEP be followed unless an ammendment is made and you sign agreeing to the change at a meeting. So, you have 2 BIG problems. Call the director of special education at your district. Inform him/her that the IEP is not being followed and it needs to be followed or you will take action. That should get them moving. Districts hate litigation.