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 -1- HF2345.4730 (1) 84 pf/nh 1/ 2 #1. #2.
4. By renumbering as necessary. 1 ______________________________ HAGENOW of Polk -2- HF2345.4730 (1) 84 pf/nh 2/ 2 #4.