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House File 636 - ReprintedA 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 or independent private instruction in accordance
6with the provisions of chapter 299A, or any other method of
7educational instruction that satisfies the compulsory education
8requirements of chapter 299.
9 Sec. 2. Section 598.10, subsection 1, Code 2023, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. c. If the parents are in disagreement over a
12minor child’s educational setting, the court shall consider the
13educational setting of the minor child in making a temporary
14order for custody. There is a rebuttable presumption that
15it is in the best interest of the minor child to remain in
16the educational setting in which the minor child was enrolled
17during the immediately preceding school year. The presumption
18is rebuttable only by a preponderance of the evidence that such
19educational setting is not in the best interest of the child.
20 Sec. 3. Section 598.41, Code 2023, is amended by adding the
21following new subsections:
22 NEW SUBSECTION. 4A. If joint legal custody is awarded
23to both parents, but the parents are in disagreement over a
24minor child’s educational setting, the court shall consider,
25and include a provision in the custody order regarding, the
26educational setting of the minor child. There is a rebuttable
27presumption that it is in the best interest of the minor child
28to remain in the educational setting in which the minor child
29was enrolled during the immediately preceding school year.
30The presumption is rebuttable only by a preponderance of the
31evidence that such educational setting is not in the best
32interest of the child.
33 NEW SUBSECTION. 10. All orders relating to custody of a
34child shall specify the rights and responsibilities of each
35parent relative to the minor child’s educational setting.
-1-1The order shall, at a minimum, specify a parent’s rights
2and responsibilities regarding physical access to the child
3during the school day; access to records involving the health,
4education, and welfare of the child; decision-making authority
5including instances when parental consent or authorization is
6required; and the removal of the child from the premises of the
7educational setting during school hours. However, the order
8shall not require that a parent have physical access to a child
9during the school day or be allowed to remove the child from
10the premises of the educational setting during school hours
11if the child is being provided competent private instruction
12or independent private instruction in accordance with chapter
13299A. Any parent with legal custody of the child shall provide
14a copy of the order to the educational setting and to the
15school district of the child to 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 or independent private instruction in accordance
6with the provisions of chapter 299A, or any other method of
7educational instruction that satisfies the compulsory education
8requirements of chapter 299.
9 Sec. 2. Section 598.10, subsection 1, Code 2023, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. c. If the parents are in disagreement over a
12minor child’s educational setting, the court shall consider the
13educational setting of the minor child in making a temporary
14order for custody. There is a rebuttable presumption that
15it is in the best interest of the minor child to remain in
16the educational setting in which the minor child was enrolled
17during the immediately preceding school year. The presumption
18is rebuttable only by a preponderance of the evidence that such
19educational setting is not in the best interest of the child.
20 Sec. 3. Section 598.41, Code 2023, is amended by adding the
21following new subsections:
22 NEW SUBSECTION. 4A. If joint legal custody is awarded
23to both parents, but the parents are in disagreement over a
24minor child’s educational setting, the court shall consider,
25and include a provision in the custody order regarding, the
26educational setting of the minor child. There is a rebuttable
27presumption that it is in the best interest of the minor child
28to remain in the educational setting in which the minor child
29was enrolled during the immediately preceding school year.
30The presumption is rebuttable only by a preponderance of the
31evidence that such educational setting is not in the best
32interest of the child.
33 NEW SUBSECTION. 10. All orders relating to custody of a
34child shall specify the rights and responsibilities of each
35parent relative to the minor child’s educational setting.
-1-1The order shall, at a minimum, specify a parent’s rights
2and responsibilities regarding physical access to the child
3during the school day; access to records involving the health,
4education, and welfare of the child; decision-making authority
5including instances when parental consent or authorization is
6required; and the removal of the child from the premises of the
7educational setting during school hours. However, the order
8shall not require that a parent have physical access to a child
9during the school day or be allowed to remove the child from
10the premises of the educational setting during school hours
11if the child is being provided competent private instruction
12or independent private instruction in accordance with chapter
13299A. Any parent with legal custody of the child shall provide
14a copy of the order to the educational setting and to the
15school district of the child to whom the order applies.
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