S-3092

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

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HERMAN C. QUIRMBACH