Jennifer: My daughter was removed from public school and enrolled in a small faith based private school. Her tuition is paid for by her IEP/ISP money. She has been in this school for 2 years and a special education teacher is sent by the public school to serve the students. I need to know what rights my child has being in a private school versus a public school as far as psychological testing, modifications, and BIP?
I agree with the Wrightslaw response, in regards to evaluations (including a Functional Behavioral Assessment, or FBA). I wanted to add that for the other parts of your question, regarding modifications and behavior interventions, IDEA rights and requirements don’t always apply in private placements. You might find it helpful to check with your local Parent Center (http://www.parentcenterhub.org/find-your-center/) or the state special ed oversight associate who covers your part of the state. You mentioned a BIP. You may want to consider taking a close look at the child’s most recent FBA, or requesting one, if you think it needs updating.
Since the public school placed your child in the private school and is paying for her education, the public school is responsible for ensuring that she receives a free, appropriate public education (FAPE). If she needs to be evaluated, the public school is responsible for conducting the evaluation.