House File 824 - Introduced HOUSE FILE 824 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 507) 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 TLSB 2383HV (4) 89 pf/rh

H.F. 824 Section 1. Section 598.1, Code 2021, 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 2021, 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. However, if 16 the child is enrolled in a public school, the presumption 17 is rebutted if both parents no longer reside in the school 18 district in which the educational setting is located. If the 19 court does not grant as part of the temporary order that the 20 minor child remain in the educational setting in which the 21 minor child was enrolled during the immediately preceding 22 school year, the court shall make a finding, by a preponderance 23 of the evidence in the record, that such educational setting is 24 not in the best interest of the child. 25 Sec. 3. Section 598.41, Code 2021, 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- LSB 2383HV (4) 89 pf/rh 1/ 3

H.F. 824 However, if the child is enrolled in a public school, the 1 presumption is rebutted if both parents no longer reside in the 2 school district in which the educational setting is located. 3 If the court does not grant as part of the custody order that 4 the minor child remain in the educational setting in which 5 the minor child was enrolled during the immediately preceding 6 school year, the court shall make a finding, by a preponderance 7 of the evidence in the record, that such educational setting is 8 not in the best interest of the child. 9 NEW SUBSECTION . 10. All orders relating to custody of a 10 child shall specify the rights and responsibilities of each 11 parent relative to the minor child’s educational setting. 12 The order shall, at a minimum, specify a parent’s rights 13 and responsibilities regarding physical access to the child 14 during the school day; access to records involving the health, 15 education, and welfare of the child; decision-making authority 16 including instances when parental consent or authorization is 17 required; and the removal of the child from the premises of the 18 educational setting during school hours. Any parent with legal 19 custody of the child shall provide a copy of the order to the 20 educational setting and to the school district of the child to 21 whom the order applies. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill provides that in determining temporary custody 26 orders or the award of joint legal custody for a minor child, 27 if the parents are in disagreement over the minor child’s 28 educational setting, the court is to consider the educational 29 setting of the minor child. In the case of awarding joint 30 legal custody, the court is also to include a provision in 31 the order regarding the educational setting of the minor 32 child. There is a rebuttable presumption that it is in the 33 best interest of the minor child to remain in the educational 34 setting in which the minor child was enrolled during the 35 -2- LSB 2383HV (4) 89 pf/rh 2/ 3

H.F. 824 immediately preceding school year. However, if the child is 1 enrolled in a public school, the presumption is rebutted if 2 both parents no longer reside in the school district in which 3 the educational setting is located. If the court does not 4 grant that the minor child remain in the educational setting 5 in which the minor child was enrolled during the immediately 6 preceding school year, the court shall make a finding by 7 a preponderance of the evidence in the record that such 8 educational setting is not in the best interest of the child. 9 The bill also defines “educational setting”. 10 The bill directs that all court orders relating to 11 the custody of a child shall specify the rights and 12 responsibilities of each parent relative to the minor child’s 13 educational setting and specifies the minimum rights and 14 responsibilities to be addressed in the order. The bill 15 requires that any parent with legal custody of the child is to 16 provide a copy of the order to the educational setting and to 17 the school district of the child to whom the order applies. 18 -3- LSB 2383HV (4) 89 pf/rh 3/ 3