Senate File 238 - Introduced SENATE FILE 238 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SF 83) A BILL FOR An Act relating to the criminal offense of sexual exploitation 1 by a school employee, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1390SV (2) 87 kh/nh

S.F. 238 Section 1. Section 709.15, subsection 1, paragraph f, Code 1 2017, is amended by striking the paragraph and inserting in 2 lieu thereof the following: 3 f. (1) “School employee” means any of the following, except 4 as provided in subparagraph (2): 5 (a) A person who holds a license, certificate, 6 authorization, or statement of professional recognition issued 7 under chapter 272. 8 (b) A person employed by a school district full-time, 9 part-time, or as a substitute. 10 (c) A person who performs services as a volunteer for a 11 school district and who has direct supervisory authority over 12 the student with whom the person engages in conduct prohibited 13 under subsection 3, paragraph “a” . 14 (d) A person who provides services under a contract for such 15 services to a school district and who has direct supervisory 16 authority over the student with whom the person engages in 17 conduct prohibited under subsection 3, paragraph “a” . 18 (2) “School employee” does not include a student enrolled 19 in the school district. 20 Sec. 2. Section 709.15, subsection 3, Code 2017, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . c. The provisions of this subsection do 23 not apply to a person who is employed by, volunteers for, 24 or provides services under a contract for such services to a 25 school district, if the student is not enrolled in the same 26 school district that employs the person or for which the person 27 volunteers or provides contracted services, and the person 28 does not meet the requirements of subsection 1, paragraph “f” , 29 subparagraph (1), subparagraph division (a). 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill expands the Code provision that establishes 34 the criminal offense of sexual exploitation by a school 35 -1- LSB 1390SV (2) 87 kh/nh 1/ 2

S.F. 238 employee to include a person who holds a license, certificate, 1 authorization, or statement of professional recognition issued 2 by the board of educational examiners; a person employed by 3 a school district full-time, part-time, or as a substitute; 4 and a person who performs services as a volunteer or contract 5 employee for a school district and who has direct supervisory 6 authority over the student with whom the person engages in 7 prohibited conduct. 8 Under the bill, “school employee” does not include a student 9 enrolled in a school district. 10 Currently, a “school employee” is defined to include any 11 practitioner or coach who is licensed or authorized by the 12 board of educational examiners. The current definition does 13 not limit employment to a public or nonpublic school. 14 The bill makes the provisions relating to sexual 15 exploitation by a school employee inapplicable to a person who 16 is employed by, volunteers for, or provides services under a 17 contract for such services to a school district if the student 18 is not enrolled in the same school district that employs 19 the person or for which the person volunteers or provides 20 contracted services, and the person does not hold a license, 21 certificate, authorization, or statement of professional 22 recognition issued by the board of educational examiners. 23 A person who commits sexual exploitation by a school 24 employee in violation of Code section 709.15(3) commits either 25 an aggravated misdemeanor, which is punishable by confinement 26 for no more than two years and a fine of at least $625 but not 27 more than $6,250; or a class “D” felony, which is punishable 28 by confinement for no more than five years and a fine of at 29 least $750 but not more than $7,500. The person’s actions also 30 constitute unprofessional and unethical conduct that may result 31 in disciplinary action by the board of educational examiners 32 and the person must register as a sex offender. 33 -2- LSB 1390SV (2) 87 kh/nh 2/ 2