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 SF 515 (2) 91 cm/jh/mb
S.F. 515 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- SF 515 (2) 91 cm/jh/mb 1/ 2
S.F. 515 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, 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. 16 -2- SF 515 (2) 91 cm/jh/mb 2/ 2