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House File 636 - IntroducedA Bill ForAn Act 1relating to consideration of the educational setting of
2a minor child in a child custody proceeding.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 598.1, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 2A. “Educational setting” means a public
4school, an accredited nonpublic school, competent private
5instruction in accordance with the provisions of chapter 299A,
6or any other method of educational instruction that satisfies
7the compulsory education requirements of chapter 299.
8 Sec. 2. Section 598.10, subsection 1, Code 2023, is amended
9by adding the following new paragraph:
10 NEW PARAGRAPH. c. If the parents are in disagreement over a
11minor child’s educational setting, the court shall consider the
12educational setting of the minor child in making a temporary
13order for custody. There is a rebuttable presumption that
14it is in the best interest of the minor child to remain in
15the educational setting in which the minor child was enrolled
16during the immediately preceding school year.
17 Sec. 3. Section 598.41, Code 2023, is amended by adding the
18following new subsections:
19 NEW SUBSECTION. 4A. If joint legal custody is awarded
20to both parents, but the parents are in disagreement over a
21minor child’s educational setting, the court shall consider,
22and include a provision in the custody order regarding, the
23educational setting of the minor child. There is a rebuttable
24presumption that it is in the best interest of the minor child
25to remain in the educational setting in which the minor child
26was enrolled during the immediately preceding school year.
27 NEW SUBSECTION. 10. All orders relating to custody of a
28child shall specify the rights and responsibilities of each
29parent relative to the minor child’s educational setting.
30The order shall, at a minimum, specify a parent’s rights
31and responsibilities regarding physical access to the child
32during the school day; access to records involving the health,
33education, and welfare of the child; decision-making authority
34including instances when parental consent or authorization is
35required; and the removal of the child from the premises of the
-1-1educational setting during school hours. Any parent with legal
2custody of the child shall provide a copy of the order to the
3educational setting and to the school district of the child to
4whom the order applies.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill provides that in determining temporary custody
9orders or the award of joint legal custody for a minor child,
10if the parents are in disagreement over the minor child’s
11educational setting, the court is to consider the educational
12setting of the minor child. In the case of awarding joint
13legal custody, the court is also to include a provision in
14the order regarding the educational setting of the minor
15child. There is a rebuttable presumption that it is in the
16best interest of the minor child to remain in the educational
17setting in which the minor child was enrolled during the
18immediately preceding school year. The bill also defines
19“educational setting”.
20The bill directs that all orders relating to the custody
21of a child shall specify the rights and responsibilities of
22each parent relative to the minor child’s educational setting
23and specifies the minimum rights and responsibilities to be
24addressed in the order. The bill requires that any parent with
25legal custody of the child is to provide a copy of the order to
26the educational setting and to the school district of the child
27to whom the order applies.
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2a minor child in a child custody proceeding.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 598.1, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 2A. “Educational setting” means a public
4school, an accredited nonpublic school, competent private
5instruction in accordance with the provisions of chapter 299A,
6or any other method of educational instruction that satisfies
7the compulsory education requirements of chapter 299.
8 Sec. 2. Section 598.10, subsection 1, Code 2023, is amended
9by adding the following new paragraph:
10 NEW PARAGRAPH. c. If the parents are in disagreement over a
11minor child’s educational setting, the court shall consider the
12educational setting of the minor child in making a temporary
13order for custody. There is a rebuttable presumption that
14it is in the best interest of the minor child to remain in
15the educational setting in which the minor child was enrolled
16during the immediately preceding school year.
17 Sec. 3. Section 598.41, Code 2023, is amended by adding the
18following new subsections:
19 NEW SUBSECTION. 4A. If joint legal custody is awarded
20to both parents, but the parents are in disagreement over a
21minor child’s educational setting, the court shall consider,
22and include a provision in the custody order regarding, the
23educational setting of the minor child. There is a rebuttable
24presumption that it is in the best interest of the minor child
25to remain in the educational setting in which the minor child
26was enrolled during the immediately preceding school year.
27 NEW SUBSECTION. 10. All orders relating to custody of a
28child shall specify the rights and responsibilities of each
29parent relative to the minor child’s educational setting.
30The order shall, at a minimum, specify a parent’s rights
31and responsibilities regarding physical access to the child
32during the school day; access to records involving the health,
33education, and welfare of the child; decision-making authority
34including instances when parental consent or authorization is
35required; and the removal of the child from the premises of the
-1-1educational setting during school hours. Any parent with legal
2custody of the child shall provide a copy of the order to the
3educational setting and to the school district of the child to
4whom the order applies.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill provides that in determining temporary custody
9orders or the award of joint legal custody for a minor child,
10if the parents are in disagreement over the minor child’s
11educational setting, the court is to consider the educational
12setting of the minor child. In the case of awarding joint
13legal custody, the court is also to include a provision in
14the order regarding the educational setting of the minor
15child. There is a rebuttable presumption that it is in the
16best interest of the minor child to remain in the educational
17setting in which the minor child was enrolled during the
18immediately preceding school year. The bill also defines
19“educational setting”.
20The bill directs that all orders relating to the custody
21of a child shall specify the rights and responsibilities of
22each parent relative to the minor child’s educational setting
23and specifies the minimum rights and responsibilities to be
24addressed in the order. The bill requires that any parent with
25legal custody of the child is to provide a copy of the order to
26the educational setting and to the school district of the child
27to whom the order applies.
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