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Bill > HF824
IA HF824
IA HF824A bill for an act relating to consideration of the educational setting of a minor child in a child custody proceeding.(Formerly HF 347.)
summary
Introduced
03/06/2025
03/06/2025
In Committee
05/15/2025
05/15/2025
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 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 of the child to whom the order applies.
AI Summary
This bill introduces new provisions for addressing educational settings in child custody proceedings in Iowa. It defines "educational setting" broadly to include various types of education environments such as public schools, charter schools, nonpublic schools, private instruction, and other methods that meet compulsory education requirements. When parents disagree about a child's educational setting, the court must now consider maintaining the child's current educational environment, with a presumption that staying in the previous year's school is in the child's best interest. This presumption can only be overturned by clear evidence that the current setting is not in the child's best interests. For joint legal custody cases, the court must include specific provisions about the educational setting in the custody order. The bill mandates that custody orders detail each parent's rights and responsibilities regarding the child's education, including access to school records, decision-making authority, and potential physical access during school hours. Importantly, the order cannot require a parent to have physical access during school hours for children receiving private instruction. Additionally, parents with legal custody must provide a copy of the custody order to the child's educational setting, ensuring transparency and clear communication about educational arrangements.
Committee Categories
Justice
Sponsors (0)
No sponsors listed
Other Sponsors (1)
Judiciary (House)
Last Action
Placed on calendar. H.J. 170. (on 01/28/2026)
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=HF824 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/HF824.html |
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