In 2021, two notable pieces of legislation collectively known as “Faith’s Law” were passed in Illinois. The purpose of this legislation is to protect students from educator sexual misconduct in K-12 schools.
Faith’s Law updated the state’s definition of sexual misconduct within the education system and created more stringent policies for vetting new teachers and reporting suspicious activity – improving the safety of students overall in terms of sex crimes by educators.
What Is the Origin of Faith’s Law?
Faith Colson is a child sexual abuse survivor who pushed for legal changes in Illinois that would help protect future students from going through what she did. In the early 2000s, Faith was sexually abused by a teacher working at her high school.
She discovered during legal proceedings that several adults within the school suspected inappropriate behavior by the teacher but never took action to report their concerns. This led to her commitment to changing state laws related to sexual misconduct in K-12 schools.
Legislation One: Public Act 102-0676
The first legislation involved in Faith’s Law was Public Act 102-0676, which took effect on December 3, 2021. This law established a definition for sexual misconduct within the state’s School Code for the first time. It added part (c) to 105 ILCS Sec. 22-85.5, which states:
- (c) In this Section, “sexual misconduct” means any act, including, but not limited to, any verbal, nonverbal, written, or electronic communication or physical activity, by an employee or agent of the school district, charter school, or nonpublic school with direct contact with a student that is directed toward or with a student to establish a romantic or sexual relationship with the student. Such an act includes, but is not limited to, any of the following:
- (1) A sexual or romantic invitation.
- (2) Dating or soliciting a date.
- (3) Engaging in sexualized or romantic dialog.
- (4) Making sexually suggestive comments that are directed toward or with a student.
- (5) Self-disclosure or physical exposure of a sexual, romantic, or erotic nature.
- (6) A sexual, indecent, romantic, or erotic contact with the student.
In addition, this Public Act imposes a requirement for schools to create and display policies regarding employee codes of professional conduct. These policies must include the definition of sexual misconduct and a resource guide for pupils, parents/guardians and teachers.
This part of Faith’s Law also expanded the definition of grooming in the Illinois Criminal Code and added grooming to the list of conduct that would qualify a child as a survivor of abuse under the Abused and Neglected Child Reporting Act.
Legislation Two: Public Act 102-0702
The second legislation of Faith’s Law became effective on July 1, 2023. Public Act 102-0702 addresses the prevention of sexual misconduct by school employees, including substitute teachers. It added a requirement to a school’s hiring and vetting process to make a school have to review the applicant’s employment history.
This Public Act also requires parents/guardians and the student to be notified when there has been an alleged act of sexual misconduct by a school employee. If a district superintendent has reason to believe that someone has committed an act of sexual misconduct, the superintendent must report it to the state superintendent of education and the appropriate regional superintendent of schools.
Help Is Available for Illinois School Sexual Abuse Survivors
The goal of Faith’s Law is to equip schools in Illinois with better information regarding the sexual abuse of students by employees, in the hopes that fewer cases will slip through the cracks like Faith Colson’s did. It provides enhanced sexual misconduct education, reporting procedures and hiring practices among Illinois’ K-12 schools.
If you or your child is a victim of school sexual abuse in Illinois, help is available at the Mahoney Law Firm. We are experienced school sexual abuse attorneys in Illinois who will help you understand and protect your rights during this difficult time. This includes holding a school responsible for violations of Faith’s Law.
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