Read the full stored bill text
House
File
824
-
Introduced
HOUSE
FILE
824
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
347)
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
1540HV
(2)
91
cm/jh
H.F.
824
Section
1.
Section
598.1,
Code
2025,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
2A.
“Educational
setting”
means
the
type
of
3
education
environment
provided
for
a
minor
child,
including
a
4
public
school,
a
charter
school
established
pursuant
to
chapter
5
256E,
a
charter
school
or
innovation
zone
school
established
6
pursuant
to
chapter
256F,
an
accredited
nonpublic
school,
7
private
instruction
in
accordance
with
the
provisions
of
8
chapter
299A,
or
any
other
method
of
educational
instruction
9
that
satisfies
the
compulsory
education
requirements
of
chapter
10
299,
without
regard
to
a
specific
district
or
geographic
11
location.
12
Sec.
2.
Section
598.10,
subsection
1,
Code
2025,
is
amended
13
by
adding
the
following
new
paragraph:
14
NEW
PARAGRAPH
.
c.
If
the
parents
are
in
disagreement
over
a
15
minor
child’s
educational
setting,
the
court
shall
consider
the
16
educational
setting
of
the
minor
child
in
making
a
temporary
17
order
for
custody.
There
is
a
rebuttable
presumption
that
18
it
is
in
the
best
interest
of
the
minor
child
to
remain
in
19
the
educational
setting
in
which
the
minor
child
was
enrolled
20
during
the
immediately
preceding
school
year.
The
presumption
21
is
rebuttable
only
by
a
preponderance
of
the
evidence
that
such
22
educational
setting
is
not
in
the
best
interest
of
the
child.
23
Sec.
3.
Section
598.41,
Code
2025,
is
amended
by
adding
the
24
following
new
subsections:
25
NEW
SUBSECTION
.
4A.
If
joint
legal
custody
is
awarded
26
to
both
parents,
but
the
parents
are
in
disagreement
over
a
27
minor
child’s
educational
setting,
the
court
shall
consider,
28
and
include
a
provision
in
the
custody
order
regarding,
the
29
educational
setting
of
the
minor
child.
There
is
a
rebuttable
30
presumption
that
it
is
in
the
best
interest
of
the
minor
child
31
to
remain
in
the
educational
setting
in
which
the
minor
child
32
was
enrolled
during
the
immediately
preceding
school
year.
33
The
presumption
is
rebuttable
only
by
a
preponderance
of
the
34
evidence
that
such
educational
setting
is
not
in
the
best
35
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3
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824
interest
of
the
child.
1
NEW
SUBSECTION
.
10.
All
orders
relating
to
custody
of
a
2
child
shall
specify
the
rights
and
responsibilities
of
each
3
parent
relative
to
the
minor
child’s
educational
setting.
4
The
order
shall,
at
a
minimum,
specify
a
parent’s
rights
5
and
responsibilities
regarding
physical
access
to
the
child
6
during
the
school
day;
access
to
records
involving
the
health,
7
education,
and
welfare
of
the
child;
decision-making
authority
8
including
instances
when
parental
consent
or
authorization
is
9
required;
and
the
removal
of
the
child
from
the
premises
of
the
10
educational
setting
during
school
hours.
However,
the
order
11
shall
not
require
that
a
parent
have
physical
access
to
a
child
12
during
the
school
day
or
be
allowed
to
remove
the
child
from
13
the
premises
of
the
educational
setting
during
school
hours
if
14
the
child
is
being
provided
private
instruction
in
accordance
15
with
chapter
299A.
Any
parent
with
legal
custody
of
the
child
16
shall
provide
a
copy
of
the
order
to
the
educational
setting
of
17
the
child
to
whom
the
order
applies.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
provides
that
in
determining
temporary
custody
22
orders
or
the
award
of
joint
legal
custody
for
a
minor
child,
23
if
the
parents
are
in
disagreement
over
the
minor
child’s
24
educational
setting,
the
court
is
to
consider
the
educational
25
setting
of
the
minor
child.
In
the
case
of
awarding
joint
26
legal
custody,
the
court
is
also
to
include
a
provision
in
27
the
order
regarding
the
educational
setting
of
the
minor
28
child.
There
is
a
rebuttable
presumption
that
it
is
in
the
29
best
interest
of
the
minor
child
to
remain
in
the
educational
30
setting
in
which
the
minor
child
was
enrolled
during
the
31
immediately
preceding
school
year.
The
presumption
is
32
rebuttable
only
by
a
preponderance
of
the
evidence
that
such
33
educational
setting
is
not
in
the
best
interest
of
the
child.
34
The
bill
also
defines
“educational
setting”.
35
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The
bill
directs
that
all
orders
relating
to
the
custody
1
of
a
child
shall
specify
the
rights
and
responsibilities
of
2
each
parent
relative
to
the
minor
child’s
educational
setting
3
and
specifies
the
minimum
rights
and
responsibilities
to
be
4
addressed
in
the
order.
The
order
shall
not
require
that
a
5
parent
have
physical
access
to
a
child
during
the
school
day
6
or
be
allowed
to
remove
the
child
from
the
educational
setting
7
during
school
hours
if
the
child
is
being
provided
private
8
instruction.
The
bill
requires
that
any
parent
with
legal
9
custody
of
the
child
is
to
provide
a
copy
of
the
order
to
the
10
educational
setting
of
the
child
to
whom
the
order
applies.
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3