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Senate
File
515
-
Reprinted
SENATE
FILE
515
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
182)
(As
Amended
and
Passed
by
the
Senate
April
9,
2025
)
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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Section
1.
Section
598.1,
Code
2025,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
2A.
“Educational
setting”
means
the
3
type
of
educational
environment,
not
a
specific
school
or
4
other
geographic
location,
in
which
education
is
conducted.
5
“Educational
setting”
includes
a
public
school,
an
accredited
6
nonpublic
school,
competent
private
instruction
or
independent
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.
11
Sec.
2.
Section
598.10,
subsection
1,
Code
2025,
is
amended
12
by
adding
the
following
new
paragraph:
13
NEW
PARAGRAPH
.
c.
If
the
parents
are
in
disagreement
over
a
14
minor
child’s
educational
setting,
the
court
shall
consider
the
15
educational
setting
of
the
minor
child
in
making
a
temporary
16
order
for
custody.
There
is
a
rebuttable
presumption
that
17
it
is
in
the
best
interest
of
the
minor
child
to
remain
in
18
the
educational
setting
in
which
the
minor
child
was
enrolled
19
during
the
immediately
preceding
school
year.
The
presumption
20
is
rebuttable
only
by
a
preponderance
of
the
evidence
that
such
21
educational
setting
is
not
in
the
best
interest
of
the
child.
22
Sec.
3.
Section
598.41,
Code
2025,
is
amended
by
adding
the
23
following
new
subsections:
24
NEW
SUBSECTION
.
4A.
If
joint
legal
custody
is
awarded
25
to
both
parents,
but
the
parents
are
in
disagreement
over
a
26
minor
child’s
educational
setting,
the
court
shall
consider,
27
and
include
a
provision
in
the
custody
order
regarding,
the
28
educational
setting
of
the
minor
child.
There
is
a
rebuttable
29
presumption
that
it
is
in
the
best
interest
of
the
minor
child
30
to
remain
in
the
educational
setting
in
which
the
minor
child
31
was
enrolled
during
the
immediately
preceding
school
year.
32
The
presumption
is
rebuttable
only
by
a
preponderance
of
the
33
evidence
that
such
educational
setting
is
not
in
the
best
34
interest
of
the
child.
35
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NEW
SUBSECTION
.
10.
All
orders
relating
to
custody
of
a
1
child
shall
specify
the
rights
and
responsibilities
of
each
2
parent
relative
to
the
minor
child’s
educational
setting.
3
The
order
shall,
at
a
minimum,
specify
a
parent’s
rights
4
and
responsibilities
regarding
physical
access
to
the
child
5
during
the
school
day;
access
to
records
involving
the
health,
6
education,
and
welfare
of
the
child;
decision-making
authority
7
including
instances
when
parental
consent
or
authorization
is
8
required;
and
the
removal
of
the
child
from
the
premises
of
the
9
educational
setting
during
school
hours.
However,
a
parent
10
shall
not
have
access
to
the
home
of
the
other
parent
during
11
the
provision
of
competent
private
instruction
or
independent
12
private
instruction
of
the
minor
child
in
accordance
with
13
chapter
299A.
Any
parent
with
legal
custody
of
the
child
shall
14
provide
a
copy
of
the
order
to
the
educational
setting
and
to
15
the
school
district
of
the
child
to
whom
the
order
applies.
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