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IA HF347
IA HF347A bill for an act relating to consideration of the educational setting of a minor child in a child custody proceeding.(See HF 824.)
summary
Introduced
02/12/2025
02/12/2025
In Committee
02/12/2025
02/12/2025
Crossed Over
Passed
Dead
Introduced Session
91st General Assembly
Bill Summary
This bill provides that in determining temporary custody orders or the award of joint legal custody for a minor child, if the parents are in disagreement over the minor child’s educational setting, the court is to consider the educational setting of the minor child. In the case of awarding joint legal custody, the court is also to include a provision in the order regarding the educational setting of the minor child. There is a rebuttable presumption that it is in the best interest of the minor child to remain in the educational setting in which the minor child was enrolled during the immediately preceding school year. The presumption is rebuttable only by a preponderance of the evidence that such educational setting is not in the best interest of the child. The bill also defines “educational setting”. The bill directs that all orders relating to the custody of a child shall specify the rights and responsibilities of each parent relative to the minor child’s educational setting and specifies the minimum rights and responsibilities to be addressed in the order. The order shall not require that a parent have physical access to a child during the school day or be allowed to remove the child from the educational setting during school hours if the child is being provided competent private instruction or independent private instruction. The bill requires that any parent with legal custody of the child is to provide a copy of the order to the educational setting and to the school district of the child to whom the order applies.
AI Summary
This bill modifies Iowa law to provide detailed guidance for handling educational decisions during child custody proceedings. The bill defines "educational setting" broadly to include public schools, private schools, private instruction, and other methods that meet compulsory education requirements. When parents disagree about a child's educational setting, courts must now consider the child's existing educational environment, with a presumption that maintaining the previous year's school placement is in the child's best interest. This presumption can only be overturned if there is clear evidence that the current setting is not beneficial for the child. In cases of joint legal custody, the court must include specific provisions about the child's educational setting in the custody order. The order must outline each parent's rights and responsibilities regarding the child's education, including access to school records, decision-making authority, and potential school day interactions. Importantly, the bill stipulates that parents cannot be required to have physical access to the child during school hours, especially if the child is receiving alternative forms of instruction. Each parent with legal custody must provide a copy of the custody order to the child's educational setting and school district, ensuring transparency and clear communication about educational arrangements.
Committee Categories
Justice
Sponsors (1)
Last Action
Committee report approving bill, renumbered as HF 824. (on 03/06/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HF347 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/HF347.html |
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