Sexual Exploitation changes in the law

Published October 2017

This past legislative session the General Assembly passed changes to the current law on sexual exploitation of a minor by school employees. Specifically, there were changes made to the definition of a school employee. Under the old definition a school employee was defined as “a practitioner as defined in section 272.1 or a person issued a coaching authorization under section 272.31, subsection 1.” Under the new definition the definition of a school employee is way more expansive and includes
other part-time, full-time, or substitute employees, and it includes volunteers or contract staff with supervisory authority over a student. Here are the changes to the law as follows (changes are bolded):

f. (1) “School employee” means any of the following, except as provided in subparagraph (2):
          (a) A person who holds a license, certificate, or statement of professional recognition issued under chapter 272.
          (b) A person who holds an authorization issued under chapter 272.
          (c) A person employed by a school district full-time, part-time, or as a substitute.
          (d) A person who performs services as a volunteer for a school district and who has direct supervisory authority over the student with whom the person engages in conduct prohibited under subsection 3, paragraph “a”.1
          (e) A person who provides services under a contract for such services to a school district and who has direct supervisory authority over the student with whom the person engages in conduct prohibited under subsection 3, paragraph “a”.
(2) “School employee” does not include a student enrolled in the school district.

A common question that we receive is whether or not a former student who gets his/her coaching license may continue to date a student at the school while coaching and the answer is no. There is no exception to a pre-existing relationship.