House File 347 - Introduced HOUSE FILE 347 BY GUSTOFF 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 1540YH (2) 91 cm/jh
H.F. 347 Section 1. Section 598.1, Code 2025, 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 2025, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . c. If the parents are in disagreement over a 11 minor childs 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 2025, 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 childs 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 childs educational setting. 35 -1- LSB 1540YH (2) 91 cm/jh 1/ 3
H.F. 347 The order shall, at a minimum, specify a parents 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. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanations substance by the members of the general assembly. 18 This bill provides that in determining temporary custody 19 orders or the award of joint legal custody for a minor child, 20 if the parents are in disagreement over the minor childs 21 educational setting, the court is to consider the educational 22 setting of the minor child. In the case of awarding joint 23 legal custody, the court is also to include a provision in 24 the order regarding the educational setting of the minor 25 child. There is a rebuttable presumption that it is in the 26 best interest of the minor child to remain in the educational 27 setting in which the minor child was enrolled during the 28 immediately preceding school year. The presumption is 29 rebuttable only by a preponderance of the evidence that such 30 educational setting is not in the best interest of the child. 31 The bill also defines educational setting. 32 The bill directs that all orders relating to the custody 33 of a child shall specify the rights and responsibilities of 34 each parent relative to the minor childs educational setting 35 -2- LSB 1540YH (2) 91 cm/jh 2/ 3
H.F. 347 and specifies the minimum rights and responsibilities to be 1 addressed in the order. The order shall not require that a 2 parent have physical access to a child during the school day 3 or be allowed to remove the child from the educational setting 4 during school hours if the child is being provided competent 5 private instruction or independent private instruction. The 6 bill requires that any parent with legal custody of the child 7 is to provide a copy of the order to the educational setting 8 and to the school district of the child to whom the order 9 applies. 10 -3- LSB 1540YH (2) 91 cm/jh 3/ 3