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Senate narrowly approves expanded ‘grooming’ definition for school employees; opponents warn it is too broad
Summary
Senate File 273 revises the definition of grooming behavior for school employees so the Board of Educational Examiners can take action before a sexual act occurs; critics warned the language could sweep in benign teacher conduct and conflict with criminal code definitions.
Senate File 273, which broadens the statutory definition of “grooming behavior” as applied to school employees and clarifies Board of Educational Examiners (BOEE) authority to act before a sexual act occurs, passed the Senate following extended debate and objections about the scope of the language.
Senator Salmon of Bremer, who opened the item, said the bill “clarifies the current definition of grooming behavior not to be limited to behavior resulting in a [sexual] act,” which would allow the BOEE to take disciplinary action earlier in a pattern of conduct. Salmon said the change aims to “better protect students.”
Senator Kornbach of Story raised strong objections, arguing the bill’s language was “ambiguous” and “broad” and could reach “otherwise innocent and even commendable behavior.” Kornbach illustrated his concern with a hypothetical: if a gym teacher encourages a naturally talented student to try out for a team, that could be construed as “enticing” and—under the bill’s language—subject the teacher to BOEE discipline. He said, “this language is much too broad.”
Senator Donahue of Linn acknowledged he supported removing bad actors from schools but warned that differing definitions between the BOEE standard and the criminal code could create prosecutorial problems: “We need to make sure that our language in the code is identical in both sections.”
Senator Salmon responded that the BOEE standard is “geared for a school setting and for employees” and said the intent is to allow the BOEE to act earlier to protect students. After the debate, Salmon moved that the bill be read for the final time and placed on its passage. The motion passed and the bill passed the Senate on a recorded roll call; the clerk announced 45 voting aye and 2 voting nay.
The record shows substantive disagreement centered on whether the expanded definition would unintentionally capture routine, pro-student encouragement and whether the BOEE definition should align verbatim with the criminal code to avoid enforcement conflicts. The bill as passed places the broader definition in the education licensing context and leaves unresolved the question of alignment with criminal statutes.
