Senate File 83 - Introduced SENATE FILE 83 BY ZAUN 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 1390XS (3) 87 kh/nh

S.F. 83 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 significant contact with students. 12 (d) A person who provides services under a contract for such 13 services to a school district and who has significant contact 14 with students. 15 (2) “School employee” does not include the following: 16 (a) A student enrolled in a school district. 17 (b) A person who holds a coaching authorization issued 18 under section 272.31, subsection 1, if the person is less than 19 four years older than the student with whom the person engages 20 in conduct prohibited under subsection 3, paragraph “a” , and 21 the person is not in a position of direct authority over the 22 student. 23 (c) A person who performs services as a volunteer for a 24 school district and who has significant contact with students 25 enrolled in the school district if the person is less than 26 four years older than the student with whom the person engages 27 in conduct prohibited under subsection 3, paragraph “a” , and 28 the person is not in a position of direct authority over the 29 student. 30 Sec. 2. Section 709.15, subsection 3, Code 2017, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . c. The provisions of this subsection do 33 not apply to a person who is employed by, volunteers for, 34 or provides services under a contract for such services to a 35 -1- LSB 1390XS (3) 87 kh/nh 1/ 3

S.F. 83 school district, if the student is not enrolled in the same 1 school district that employs the person or for which the person 2 volunteers or provides contracted services, and the person 3 does not meet the requirements of subsection 1, paragraph “f” , 4 subparagraph (1), subparagraph division (a). 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill expands the Code provision that establishes 9 the criminal offense of sexual exploitation by a school 10 employee to include a person who holds a license, certificate, 11 authorization, or statement of professional recognition issued 12 by the board of educational examiners; a person employed by 13 a school district full-time, part-time, or as a substitute; 14 and a person who performs services as a volunteer or contract 15 employee for a school district and who has significant contact 16 with students. 17 However, under the bill, “school employee” does not include 18 a student enrolled in a school district, a person who holds a 19 coaching authorization if the person is less than four years 20 older than the student and the person is not in a position 21 of direct authority over the student, or a volunteer for the 22 school district if the volunteer is less than four years older 23 than the student and is not in a position of direct authority 24 over the student. 25 Currently, a “school employee” is defined to include any 26 practitioner or coach who is licensed or authorized by the 27 board of educational examiners. The current definition does 28 not limit employment to a public or nonpublic school. 29 The bill makes the provisions relating to sexual 30 exploitation by a school employee inapplicable to a person who 31 is employed by, volunteers for, or provides services under a 32 contract for such services to a school district if the student 33 is not enrolled in the same school district that employs 34 the person or for which the person volunteers or provides 35 -2- LSB 1390XS (3) 87 kh/nh 2/ 3

S.F. 83 contracted services, and the person does not hold a license, 1 certificate, authorization, or statement of professional 2 recognition issued by the board of educational examiners. 3 A person who commits sexual exploitation by a school 4 employee in violation of Code section 709.15(3) commits either 5 an aggravated misdemeanor, which is punishable by confinement 6 for no more than two years and a fine of at least $625 but not 7 more than $6,250; or a class “D” felony, which is punishable 8 by confinement for no more than five years and a fine of at 9 least $750 but not more than $7,500. The person’s actions also 10 constitute unprofessional and unethical conduct that may result 11 in disciplinary action by the board of educational examiners 12 and the person must register as a sex offender. 13 -3- LSB 1390XS (3) 87 kh/nh 3/ 3