Faith’s Law is an Illinois statute that protects K-12 students from sexual misconduct by school employees by defining prohibited conduct, requiring employment history checks before hiring, banning agreements that conceal misconduct allegations, and creating reporting duties backed by criminal and employment penalties. Named after survivor Faith Colson, it was enacted in two parts: Public Act 102-0676 took effect December 3, 2021, and Public Act 102-0702 took effect July 1, 2023.
What the Law Prohibits
Under 105 ILCS 5/22-85.5, “sexual misconduct” is any verbal, nonverbal, written, electronic, or physical activity by a school employee or agent directed toward a student to establish a romantic or sexual relationship. The statute lists specific examples: romantic or sexual invitations, soliciting a date, sexualized dialogue, sexually suggestive comments toward a student, exposing oneself in a sexual or romantic way, and any sexual or romantic contact with a student.1Illinois General Assembly. Illinois Code 105 ILCS 5/22-85.5 – Sexual Misconduct in Schools
The first public act also expanded the state’s grooming statute (Section 11-25 of the Criminal Code). Before Faith’s Law, grooming only covered online conduct. It now reaches in-person acts, conduct carried out through a third party, and written communications. Grooming was also added to the acts that qualify a child as “abused” under the Abused and Neglected Child Reporting Act, so school employees who witness grooming behavior have a legal duty to report it.2Illinois State Board of Education. Faith’s Law
Who Is Covered
Faith’s Law applies to every public and private elementary or secondary school in Illinois, including traditional districts, charter schools, and nonpublic schools. It covers teachers, substitute teachers, administrators, and other staff. It also reaches employees of outside contractors who have direct contact with students, such as bus drivers and food service workers.1Illinois General Assembly. Illinois Code 105 ILCS 5/22-85.5 – Sexual Misconduct in Schools
The Required Employee Code of Professional Conduct
Every covered school must develop and publicly post an employee code of professional conduct. It must appear on the school’s website and in any staff, student, or parent handbook. The policy must do four things:1Illinois General Assembly. Illinois Code 105 ILCS 5/22-85.5 – Sexual Misconduct in Schools
- Incorporate the Code of Ethics for Illinois Educators.
- Include the statutory definition of sexual misconduct so staff see exactly what is prohibited.
- Set clear boundaries for staff-student interactions, including guidelines for transporting students, taking or possessing photos and videos of students, and meeting with or contacting students outside the employee’s professional role.
- Reference reporting obligations under both the Abused and Neglected Child Reporting Act and Title IX.
Violating the code can result in discipline up to and including dismissal. Failing to report another employee’s violation carries the same range of consequences.3Illinois State Board of Education. Faith’s Law Guidance and FAQ
Employment History Reviews Before Hiring
Since July 1, 2023, schools and contractors must conduct an employment history review before placing anyone in a position with direct student contact. The process has two sides.
The applicant submits a written statement disclosing whether they have been the subject of a sexual misconduct allegation, were ever dismissed or resigned while such an allegation was pending, or had a license suspended or revoked because of a misconduct finding. The school then contacts the applicant’s previous employers using a standardized template developed by the Illinois State Board of Education and asks those employers to confirm or deny the same categories of information.4Illinois General Assembly. Illinois Code 105 ILCS 5/22-94 – Employment History Review
An applicant who lies on the disclosure or deliberately withholds required information can be terminated or denied employment. A school cannot hire an applicant who refuses to provide the required information.3Illinois State Board of Education. Faith’s Law Guidance and FAQ
The Ban on Concealing Misconduct
This is the provision often called the “pass the trash” ban. Before Faith’s Law, an employee accused of sexual misconduct could sometimes resign quietly and move to a new school with a clean record because settlement or separation agreements kept the allegations hidden.
As of July 1, 2023, a school or contractor cannot enter into any contract, collective bargaining agreement, severance agreement, or other arrangement that suppresses information about a pending or substantiated misconduct investigation, limits the school’s ability to report misconduct to authorities, or requires the school to erase findings of misconduct from its records. The only exception is when an investigation concludes the allegation was false, unfounded, or unsubstantiated. Any contract provision that violates these rules is void and unenforceable.4Illinois General Assembly. Illinois Code 105 ILCS 5/22-94 – Employment History Review
Reporting Duties and License Consequences
School employees are mandated reporters under the Abused and Neglected Child Reporting Act and must report suspected grooming or abuse to the Illinois Department of Children and Family Services.5Illinois Department of Children and Family Services. Reporting Child Abuse and Neglect
When a district superintendent has reasonable cause to believe a license holder committed sexual misconduct, the superintendent must report that information in writing to both the State Superintendent of Education and the applicable regional superintendent of schools.2Illinois State Board of Education. Faith’s Law
The State Superintendent has exclusive authority to initiate suspension or revocation of the educator’s license, endorsement, or approval. A suspension can last up to five calendar years; revocation is permanent. The educator receives written notice and has 10 days to request a hearing. If no hearing is requested, the suspension or revocation takes effect immediately. If a hearing is held, the standard of proof is preponderance of the evidence, and the decision is subject to judicial review.6Illinois General Assembly. Illinois Code 105 ILCS 5/21B-75 – Educator Licensure
Notifying Parents and Students
When a sexual misconduct allegation is made, the school must notify the parents or guardians of the affected student. The notification must include information about any employment actions taken against the accused employee and a list of available community resources. This duty is codified at 105 ILCS 5/22-85.10.2Illinois State Board of Education. Faith’s Law
Starting with the 2023–2024 school year, every district also has to notify parents annually that the ISBE’s Sexual Abuse Response and Prevention Resource Guide exists, and provide copies on request or post it on the school’s website.7Illinois State Board of Education. Sexual Abuse Response and Prevention Resource Guide
Penalties for Non-Compliance
The consequences escalate based on the nature of the violation.
A mandated reporter who knowingly and willfully fails to report suspected abuse or neglect commits a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation. If the failure was part of a deliberate scheme to prevent authorities from discovering an abused child, the charge is a Class 4 felony on the first offense and a Class 3 felony on any subsequent offense. Filing a knowingly false report is a separate Class 4 felony.8Illinois General Assembly. Illinois Code 325 ILCS 5/4 – Abused and Neglected Child Reporting Act
On the employment side, violating the code of professional conduct can lead to dismissal, and failing to report a coworker’s violation carries the same range of discipline. An applicant who provides false information on the misconduct disclosure form faces termination or denial of employment. Any contract provision designed to hide misconduct allegations is automatically void.3Illinois State Board of Education. Faith’s Law Guidance and FAQ
Protection for Good-Faith Reporters
Under Section 9 of the Abused and Neglected Child Reporting Act, anyone who participates in making a report, cooperates in an investigation, or helps retain a child in temporary protective custody has immunity from civil and criminal liability, as long as they did not act with willful or wanton misconduct. Good faith is presumed by law, so the burden falls on anyone challenging the reporter to prove the report was made maliciously. For a school employee weighing whether to report a colleague, that presumption is the point: if you report in good faith, you are shielded.