House
File
636
-
Reprinted
HOUSE
FILE
636
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
438)
(As
Amended
and
Passed
by
the
House
March
16,
2023
)
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
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636
Section
1.
Section
598.1,
Code
2023,
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
or
independent
private
instruction
in
accordance
5
with
the
provisions
of
chapter
299A,
or
any
other
method
of
6
educational
instruction
that
satisfies
the
compulsory
education
7
requirements
of
chapter
299.
8
Sec.
2.
Section
598.10,
subsection
1,
Code
2023,
is
amended
9
by
adding
the
following
new
paragraph:
10
NEW
PARAGRAPH
.
c.
If
the
parents
are
in
disagreement
over
a
11
minor
child’s
educational
setting,
the
court
shall
consider
the
12
educational
setting
of
the
minor
child
in
making
a
temporary
13
order
for
custody.
There
is
a
rebuttable
presumption
that
14
it
is
in
the
best
interest
of
the
minor
child
to
remain
in
15
the
educational
setting
in
which
the
minor
child
was
enrolled
16
during
the
immediately
preceding
school
year.
The
presumption
17
is
rebuttable
only
by
a
preponderance
of
the
evidence
that
such
18
educational
setting
is
not
in
the
best
interest
of
the
child.
19
Sec.
3.
Section
598.41,
Code
2023,
is
amended
by
adding
the
20
following
new
subsections:
21
NEW
SUBSECTION
.
4A.
If
joint
legal
custody
is
awarded
22
to
both
parents,
but
the
parents
are
in
disagreement
over
a
23
minor
child’s
educational
setting,
the
court
shall
consider,
24
and
include
a
provision
in
the
custody
order
regarding,
the
25
educational
setting
of
the
minor
child.
There
is
a
rebuttable
26
presumption
that
it
is
in
the
best
interest
of
the
minor
child
27
to
remain
in
the
educational
setting
in
which
the
minor
child
28
was
enrolled
during
the
immediately
preceding
school
year.
29
The
presumption
is
rebuttable
only
by
a
preponderance
of
the
30
evidence
that
such
educational
setting
is
not
in
the
best
31
interest
of
the
child.
32
NEW
SUBSECTION
.
10.
All
orders
relating
to
custody
of
a
33
child
shall
specify
the
rights
and
responsibilities
of
each
34
parent
relative
to
the
minor
child’s
educational
setting.
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The
order
shall,
at
a
minimum,
specify
a
parent’s
rights
1
and
responsibilities
regarding
physical
access
to
the
child
2
during
the
school
day;
access
to
records
involving
the
health,
3
education,
and
welfare
of
the
child;
decision-making
authority
4
including
instances
when
parental
consent
or
authorization
is
5
required;
and
the
removal
of
the
child
from
the
premises
of
the
6
educational
setting
during
school
hours.
However,
the
order
7
shall
not
require
that
a
parent
have
physical
access
to
a
child
8
during
the
school
day
or
be
allowed
to
remove
the
child
from
9
the
premises
of
the
educational
setting
during
school
hours
10
if
the
child
is
being
provided
competent
private
instruction
11
or
independent
private
instruction
in
accordance
with
chapter
12
299A.
Any
parent
with
legal
custody
of
the
child
shall
provide
13
a
copy
of
the
order
to
the
educational
setting
and
to
the
14
school
district
of
the
child
to
whom
the
order
applies.
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