This kind of thing really hits a nerve with me. Our state currently does not have any specific laws as to what constitutes as appropriate restraints, and seclusion. I know this, because I've seen restraints being used on my 3 yo (now 4) severely autistic son. I immediately called our local organization for those with special needs to get advice as to how to handle the situation with the school. I was appalled to find out that there wasn't anything that I could do legally about it.
Of course, I didn't let it go. I called our local disability rights center, and got them involved. I educated myself on the law, and did everything to the letter. Nobody was going to strap my son to a chair just because he's too hard to deal with. Ultimately, both of my sons (they were in the same preschool class) got moved to another school, because the school they were in said they were too crowded, so they had to move students. I'm sure that the school was overcrowded, but I'm just as sure that my kids were chosen purposely. They were very afraid of the reprecussions that they were about to face. I wasn't backing down, and they knew it.
After becoming involved with the disability rights center I attended one of their meetings about writing letters, and submitting testimony to the state board of education to get regulations passed to limit, and clearly define the use of seclusion, and restraint. The stories that I heard the parents tell of how their children were treated at school will haunt me. Without laws in place our state can use whatever they want as a restraint, and a form of seclusion. They can put a kid in a box for however long they want, and they don't have to even so much as notify the parent that they did so. Which, presents a huge problem if your child is nonverbal, and cannot tell you they're being treated this way at school.
We did finally get the state board of education to have a hearing on passing regulations on the use of restraints, and seclusion. I submitted my testimony to be read. They came out undecided on the issue, and decided to moniter the situation closely before making up their mind. It wasn't the answer that so many of us wanted, but at least we have the legislators attention in the matter, and hopefully will get the law passed so that kids in Kansas will be safe in our schools. They deserve to be just as protected at school as they would be anywhere else. If parents had done some of the things that the school can, and does do, they would get their kids taken away. It would be called abuse, because it is.
Most stated have laws that define what, when , and where a restraint, and seclusion can be used. If you happen to live in one that doesn't, and you want to get involved write your local legislators. Specifically the state board of education. Get their attention.