Senate File 182 - Introduced SENATE FILE 182 BY TAYLOR 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 1341XS (2) 91 cm/jh
S.F. 182 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 childs 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 childs 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 -1- LSB 1341XS (2) 91 cm/jh 1/ 3
S.F. 182 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 childs educational setting. 3 The order shall, at a minimum, specify a parents 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, the order 10 shall not require that a parent have physical access to a child 11 during the school day or be allowed to remove the child from 12 the premises of the educational setting during school hours 13 if the child is being provided competent private instruction 14 or independent private instruction in accordance with chapter 15 299A. Any parent with legal custody of the child shall provide 16 a copy of the order to the educational setting and to the 17 school district of the child to whom the order applies. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanations 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 childs 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 -2- LSB 1341XS (2) 91 cm/jh 2/ 3
S.F. 182 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 childs 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 competent 8 private instruction or independent private instruction. The 9 bill requires that any parent with legal custody of the child 10 is to provide a copy of the order to the educational setting 11 and to the school district of the child to whom the order 12 applies. 13 -3- LSB 1341XS (2) 91 cm/jh 3/ 3