HF 145 (LSB 1063YH (8) 91)

HOUSE FILE 145

BY  JONES

A BILL FOR

An Act relating to charter schools and nonpublic schools and sexual exploitation by a school employee, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 709.15, subsection 1, Code 2025, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  0b.  “Charter school” means a school established under chapter 256E or 256F.
   NEW PARAGRAPH.  0f.  “Nonpublic school” means any school, other than a public school, that is accredited pursuant to section 256.11.
    Sec. 2.  Section 709.15, subsection 1, paragraph g, subparagraph (1), subparagraph divisions (c), (d), and (e), Code 2025, are amended to read as follows:
   (c)  A person employed by a school district, charter school, or nonpublic school full-time, part-time, or as a substitute.
   (d)  A person who performs services as a volunteer for a school district, charter school, or nonpublic school and who has direct supervisory authority over the student with whom the person engages in conduct prohibited under subsection 3, paragraph “a”.
   (e)  A person who provides services under a contract for such services to a school district, charter school, or nonpublic school and who has direct supervisory authority over the student with whom the person engages in conduct prohibited under subsection 3, paragraph “a”.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to charter schools and nonpublic schools and sexual exploitation by a school employee.
   Current law does not include employees or contractors of charter schools or accredited nonpublic schools in the definition of “school employee” for purposes of criminalizing sexual exploitation of a student by a school employee.
   The bill provides that the following are “school employees” for purposes of Code section 709.15: a person employed by a school district, charter school, or nonpublic school full-time, part-time, or as a substitute; a person who performs services as a volunteer for a school district, charter school, or nonpublic school and who has direct supervisory authority over the student with whom the person engages in prohibited conduct; and a person who provides services under a contract for such services to a school district, charter school, or nonpublic school and who has direct supervisory authority over the student with whom the person engages in prohibited conduct.
   A school employee who commits sexual exploitation faces penalties ranging from an aggravated misdemeanor to a class “D” felony. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.