Adds certain school employees to the definition of "educator" relative to prohibited sexual conduct between an educator and student. (8/1/26)

Senate Bill 98 amends Louisiana Revised Statutes 14:81.4(B)(1) to expand the definition of "educator" under the state's prohibition on sexual conduct between educators and students. The bill removes the reference to "teacher aide" from the existing definition and adds "school resource officer" and "security guard" to the list of school employees covered by the statute. The statute itself maintains its core prohibition on sexual conduct between any educator and a student enrolled at the school where that educator is assigned, employed, or working on any basis, whether full-time, part-time, or temporary. By broadening the class of employees subject to this criminal prohibition, the bill extends criminal liability to school resource officers and security guards who engage in prohibited sexual conduct with students.

The practical effect of this amendment is that school resource officers and security guards working in public or private schools will now face criminal prosecution under Louisiana's prohibited sexual conduct statute if they engage in sexual conduct with students enrolled at their school. Previously, these positions may not have been explicitly covered under the "educator" definition, potentially creating a gap in criminal liability. School districts and their personnel policies will need to ensure that school resource officers and security guards receive the same training and oversight regarding prohibited conduct with students as other school employees. Students and parents gain additional legal protection through this expansion, as these uniformed and armed school officials are now explicitly subject to the same criminal sanctions as teachers and administrators.

This amendment operates within the broader framework of Louisiana's criminal law addressing offenses affecting public morals and abuse of authority. The prohibition in R.S. 14:81.4 creates criminal liability for sexual conduct between educators and students regardless of consent, recognizing the inherent power imbalance and trust violation present when school employees engage in such conduct. The expansion of "educator" to include school resource officers and security guards reflects recognition that these positions, like other school employees, involve direct contact with students and institutional authority. The amendment becomes effective on August 1, 2026, providing schools and law enforcement agencies time to implement necessary policy and training updates before the expanded definition takes effect.