House
File
2345
H-8112
Amend
House
File
2345
as
follows:
1
1.
Page
1,
before
line
1
by
inserting:
2
<
Section
1.
Section
598.1,
Code
2011,
is
amended
by
3
adding
the
following
new
subsection:
4
NEW
SUBSECTION
.
2A.
“Educational
setting”
means
5
a
public
school,
an
accredited
nonpublic
school,
6
competent
private
instruction
in
accordance
with
the
7
provisions
of
chapter
299A,
or
any
other
method
of
8
educational
instruction
that
satisfies
the
compulsory
9
education
requirements
of
chapter
299.
10
Sec.
___.
Section
598.10,
subsection
1,
Code
2011,
11
is
amended
by
adding
the
following
new
paragraph:
12
NEW
PARAGRAPH
.
c.
If
the
parents
are
in
13
disagreement
over
a
minor
child’s
educational
setting,
14
the
court
shall
consider
the
educational
setting
15
of
the
minor
child
in
making
a
temporary
order
for
16
custody.
There
is
a
rebuttable
presumption
that
it
is
17
in
the
best
interest
of
the
minor
child
to
remain
in
18
the
educational
setting
in
which
the
minor
child
was
19
enrolled
during
the
immediately
preceding
school
year.
>
20
2.
Page
1,
after
line
6
by
inserting:
21
<
Sec.
___.
Section
598.41,
Code
2011,
is
amended
by
22
adding
the
following
new
subsections:
23
NEW
SUBSECTION
.
4A.
If
the
court
awards
joint
24
legal
custody
to
the
parents,
but
the
parents
are
in
25
disagreement
over
a
minor
child’s
educational
setting,
26
the
court
shall
consider,
and
include
a
provision
in
27
the
custody
order
regarding,
the
educational
setting
28
of
the
minor
child.
There
is
a
rebuttable
presumption
29
that
it
is
in
the
best
interest
of
the
minor
child
to
30
remain
in
the
educational
setting
in
which
the
minor
31
child
was
enrolled
during
the
immediately
preceding
32
school
year.
33
NEW
SUBSECTION
.
10.
All
orders
relating
to
34
custody
of
a
child
shall
specify
the
rights
and
35
responsibilities
of
each
parent
relative
to
the
minor
36
child’s
educational
setting.
The
order
shall,
at
a
37
minimum,
specify
a
parent’s
rights
and
responsibilities
38
regarding
physical
access
to
the
child
during
the
39
school
day;
access
to
records
involving
the
health,
40
education,
and
welfare
of
the
child;
decision-making
41
authority
including
instances
when
parental
consent
42
or
authorization
is
required;
and
the
removal
of
the
43
child
from
the
premises
of
the
educational
setting
44
during
school
hours.
Any
parent
with
legal
custody
45
of
the
child
shall
provide
a
copy
of
the
order
to
the
46
educational
setting
and
to
the
school
district
of
the
47
child
to
whom
the
order
applies.
>
48
3.
Title
page,
lines
1
and
2,
by
striking
<
a
49
determination
of
the
best
interest
of
the
child
in
>
50
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#2.
4.
By
renumbering
as
necessary.
1
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of
Polk
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#4.