What is Faith’s Law?

In recent years, more people have become aware of and concerned about educator sexual misconduct in schools. One major step to address this concern is Faith's Law. It is named after prevention advocate and survivor Faith Colson. She faced sexual abuse as a student at an Illinois high school in the early 2000s.

The Origin of Faith's Law

Faith's Law came about because Faith Colson was determined to bring change after her traumatic experiences. A teacher at her high school sexually abused her. Faith found out that several adults at the school knew about the inappropriate relationship but failed to take proper action. This led her to advocate for changes to state laws on educator sexual misconduct in K-12 schools.

Public Act 102-0676: A Milestone in Prevention

The first part of Faith's Law is Public Act 102-0676, and it took effect on December 3, 2021. It marked a major milestone by defining sexual misconduct within the School Code. The law required schools to create and post employee code of professional conduct policies. These had to include the definition of sexual misconduct. It also required the Illinois State Board of Education (ISBE) to create a resource guide for schools to give to pupils, parents/guardians and teachers.

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Public Act 102-0676 also broadened the definition of "grooming" in the Illinois Criminal Code. It added "grooming" to the list of behaviors that qualify a child as an "abused child" under the Abused and Neglected Child Reporting Act. And it introduced professional development training for educators who are renewing their professional licenses.

Public Act 102-0702: Strengthening Prevention Measures

The second part of Faith's Law, Public Act 102-0702, is set to take effect on July 1, 2023. This law focuses on preventing sexual misconduct by school employees, substitute employees and employees of contractors (especially relevant for staffing firms). It adds employment history reviews to the hiring and vetting process. It makes sure parents/guardians and students are notified in cases of alleged sexual misconduct. It also lays out the steps schools must follow when handling these allegations.

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One critical part of Public Act 102-0702 is a duty for district superintendents. They must report any reasonable cause to believe a license holder has committed an act of sexual misconduct. The state superintendent of education can then start the process to revoke or suspend a license, endorsement or approval issued under Article 21B for reasons tied to sexual misconduct.

The Goals of Faith's Law

Public Act 102-0702 aims to reach several crucial goals. These include giving parents/guardians timely notice of allegations involving their students. The law also aims to give schools full details about the employment history of applicants or contractor employees. That helps them make informed choices about employment/contracting. Most importantly, it aims to protect students from acts of sexual misconduct by school staff.

How Faith’s Law Affects Staffing Firms:

Public Act 102-0702, the second part of Faith's Law, is especially relevant for staffing agencies. It focuses on preventing sexual misconduct by school employees, substitute employees and employees of contractors. Here's how this law applies to staffing agencies:

1. Employment History Reviews: Staffing agencies must build employment history reviews into their hiring and vetting processes. This means taking a close look at an applicant's past jobs, especially in education, to find any past cases of sexual misconduct or concerns. This can be a heavy burden for small and midsize staffing firms that don’t have a strong back office. That's driving many of them to work with an Employer of Record (EOR).
2. Notification Requirements: When there are allegations of sexual misconduct, staffing agencies need to know their role in the notification process. It's crucial that parents/guardians and the affected student get timely and accurate information. Staffing agencies should work closely with schools to help make this communication happen.
3. Handling Allegations: Staffing agencies must learn the steps Public Act 102-0702 sets out for handling allegations of sexual misconduct. This includes cooperating with investigations and staying transparent throughout the process.
4. Reporting Obligations: District superintendents have a duty to report any reasonable cause to believe a license holder has committed an act of sexual misconduct. Staffing agencies must be proactive in sharing relevant facts and working with authorities during these investigations.

The Role of Staffing Agencies in Promoting Safety

Faith's Law gives staffing agencies a big responsibility to take a proactive role in promoting safety in schools. Staffing agencies can put strict hiring and vetting processes in place, be transparent and follow the law's reporting obligations. Doing so helps create schools where students are protected from the risk of educator sexual misconduct.

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Faith's Law sets new standards for schools, and it also calls for a major shift in how staffing agencies in the education sector work. By embracing these changes, staffing agencies can help reach the broader goal of protecting students and the integrity of the learning environment in Illinois.