House
File
109
-
Introduced
HOUSE
FILE
109
BY
HESS
A
BILL
FOR
An
Act
relating
to
consideration
of
the
educational
setting
of
1
a
minor
child
in
a
child
custody
proceeding.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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1941YH
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H.F.
109
Section
1.
Section
598.1,
Code
2013,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
2A.
“Educational
setting”
means
a
public
3
school,
an
accredited
nonpublic
school,
competent
private
4
instruction
in
accordance
with
the
provisions
of
chapter
299A,
5
or
any
other
method
of
educational
instruction
that
satisfies
6
the
compulsory
education
requirements
of
chapter
299.
7
Sec.
2.
Section
598.10,
subsection
1,
Code
2013,
is
amended
8
by
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
c.
If
the
parents
are
in
disagreement
over
a
10
minor
child’s
educational
setting,
the
court
shall
consider
the
11
educational
setting
of
the
minor
child
in
making
a
temporary
12
order
for
custody.
There
is
a
rebuttable
presumption
that
13
it
is
in
the
best
interest
of
the
minor
child
to
remain
in
14
the
educational
setting
in
which
the
minor
child
was
enrolled
15
during
the
immediately
preceding
school
year.
16
Sec.
3.
Section
598.41,
Code
2013,
is
amended
by
adding
the
17
following
new
subsections:
18
NEW
SUBSECTION
.
4A.
If
the
court
awards
joint
legal
custody
19
to
the
parents,
but
the
parents
are
in
disagreement
over
a
20
minor
child’s
educational
setting,
the
court
shall
consider,
21
and
include
a
provision
in
the
custody
order
regarding,
the
22
educational
setting
of
the
minor
child.
There
is
a
rebuttable
23
presumption
that
it
is
in
the
best
interest
of
the
minor
child
24
to
remain
in
the
educational
setting
in
which
the
minor
child
25
was
enrolled
during
the
immediately
preceding
school
year.
26
NEW
SUBSECTION
.
10.
All
orders
relating
to
custody
of
a
27
child
shall
specify
the
rights
and
responsibilities
of
each
28
parent
relative
to
the
minor
child’s
educational
setting.
29
The
order
shall,
at
a
minimum,
specify
a
parent’s
rights
30
and
responsibilities
regarding
physical
access
to
the
child
31
during
the
school
day;
access
to
records
involving
the
health,
32
education,
and
welfare
of
the
child;
decision-making
authority
33
including
instances
when
parental
consent
or
authorization
is
34
required;
and
the
removal
of
the
child
from
the
premises
of
the
35
-1-
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1941YH
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H.F.
109
educational
setting
during
school
hours.
Any
parent
with
legal
1
custody
of
the
child
shall
provide
a
copy
of
the
order
to
the
2
educational
setting
and
to
the
school
district
of
the
child
to
3
whom
the
order
applies.
4
EXPLANATION
5
This
bill
provides
that
in
determining
temporary
custody
6
orders
or
the
award
of
joint
legal
custody
for
a
minor
child,
7
if
the
parents
are
in
disagreement
over
the
minor
child’s
8
educational
setting,
the
court
is
to
consider
the
educational
9
setting
of
the
minor
child.
In
the
case
of
awarding
joint
10
legal
custody,
the
court
is
also
to
include
a
provision
in
11
the
order
regarding
the
educational
setting
of
the
minor
12
child.
There
is
a
rebuttable
presumption
that
it
is
in
the
13
best
interest
of
the
minor
child
to
remain
in
the
educational
14
setting
in
which
the
minor
child
was
enrolled
during
the
15
immediately
preceding
school
year.
The
bill
also
defines
16
“educational
setting”.
17
The
bill
directs
that
all
orders
relating
to
the
custody
18
of
a
child
shall
specify
the
rights
and
responsibilities
of
19
each
parent
relative
to
the
minor
child’s
educational
setting
20
and
specifies
the
minimum
rights
and
responsibilities
to
be
21
addressed
in
the
order.
The
bill
requires
that
any
parent
with
22
legal
custody
of
the
child
is
to
provide
a
copy
of
the
order
to
23
the
educational
setting
and
to
the
school
district
of
the
child
24
to
whom
the
order
applies.
25
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