Senate
File
515
S-3092
Amend
Senate
File
515
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
Section
598.1,
Code
2025,
is
amended
by
adding
4
the
following
new
subsection:
5
NEW
SUBSECTION
.
2A.
“Educational
setting”
means
the
6
type
of
educational
environment,
not
a
specific
school
or
7
other
geographic
location,
in
which
education
is
conducted.
8
“Educational
setting”
includes
a
public
school,
an
accredited
9
nonpublic
school,
competent
private
instruction
or
independent
10
private
instruction
in
accordance
with
the
provisions
of
11
chapter
299A,
or
any
other
method
of
educational
instruction
12
that
satisfies
the
compulsory
education
requirements
of
chapter
13
299.
14
Sec.
2.
Section
598.10,
subsection
1,
Code
2025,
is
amended
15
by
adding
the
following
new
paragraph:
16
NEW
PARAGRAPH
.
c.
If
the
parents
are
in
disagreement
over
a
17
minor
child’s
educational
setting,
the
court
shall
consider
the
18
educational
setting
of
the
minor
child
in
making
a
temporary
19
order
for
custody.
There
is
a
rebuttable
presumption
that
20
it
is
in
the
best
interest
of
the
minor
child
to
remain
in
21
the
educational
setting
in
which
the
minor
child
was
enrolled
22
during
the
immediately
preceding
school
year.
The
presumption
23
is
rebuttable
only
by
a
preponderance
of
the
evidence
that
such
24
educational
setting
is
not
in
the
best
interest
of
the
child.
25
Sec.
3.
Section
598.41,
Code
2025,
is
amended
by
adding
the
26
following
new
subsections:
27
NEW
SUBSECTION
.
4A.
If
joint
legal
custody
is
awarded
28
to
both
parents,
but
the
parents
are
in
disagreement
over
a
29
minor
child’s
educational
setting,
the
court
shall
consider,
30
and
include
a
provision
in
the
custody
order
regarding,
the
31
educational
setting
of
the
minor
child.
There
is
a
rebuttable
32
presumption
that
it
is
in
the
best
interest
of
the
minor
child
33
to
remain
in
the
educational
setting
in
which
the
minor
child
34
was
enrolled
during
the
immediately
preceding
school
year.
35
-1-
SF
515.1454
(1)
91
cm/jh
1/
2
#1.
The
presumption
is
rebuttable
only
by
a
preponderance
of
the
1
evidence
that
such
educational
setting
is
not
in
the
best
2
interest
of
the
child.
3
NEW
SUBSECTION
.
10.
All
orders
relating
to
custody
of
a
4
child
shall
specify
the
rights
and
responsibilities
of
each
5
parent
relative
to
the
minor
child’s
educational
setting.
6
The
order
shall,
at
a
minimum,
specify
a
parent’s
rights
7
and
responsibilities
regarding
physical
access
to
the
child
8
during
the
school
day;
access
to
records
involving
the
health,
9
education,
and
welfare
of
the
child;
decision-making
authority
10
including
instances
when
parental
consent
or
authorization
is
11
required;
and
the
removal
of
the
child
from
the
premises
of
the
12
educational
setting
during
school
hours.
However,
the
order
13
shall
not
require
that
a
parent
have
physical
access
to
a
child
14
during
the
school
day
or
be
allowed
to
remove
the
child
from
15
the
premises
of
the
educational
setting
during
school
hours
16
if
the
child
is
being
provided
competent
private
instruction
17
or
independent
private
instruction
in
the
home
of
the
other
18
parent
in
accordance
with
chapter
299A.
This
exception
shall
19
not
apply
to
competent
private
instruction
or
independent
20
private
instruction
being
given
at
a
location
outside
the
home
21
of
either
parent.
Any
parent
with
legal
custody
of
the
child
22
shall
provide
a
copy
of
the
order
to
the
educational
setting
23
and
to
the
school
district
of
the
child
to
whom
the
order
24
applies.
>
25
______________________________
HERMAN
C.
QUIRMBACH
-2-
SF
515.1454
(1)
91
cm/jh
2/
2