I really don't know. When DD was that size, she was always turned away, even if she was 40 inches with shoes. They want the child to be 40 inches WITHOUT shoes, so they do adjust the height sticks for shoes. I'd be prepared to be turned away. DS is just about 38 inches without shoes, and was allowed to ride Kali River rapids one day, and the next day, turned away for being too short. He was VERY close to being to the top of the stick, and it is the CM's decision of the day. You also might be allowed to ride one day, and not allowed the next day or ride. It definately was a VERY bad day the day he wasn't allowed to ride. So, be prepared and have your DS prepared.