School Law Advisor Blog

Faith's Law

As a reminder, Faith’s Law requires that by July 1, 2022, Districts should have developed an employee code of conduct policy and posted it on its website and in any student, parent, or staff handbook provided by the District.
 
The employee code of conduct, at a minimum, must include:
  1. The definition of “sexual misconduct” from the statute;
  2. An incorporation of the Code of Ethics for Illinois Educators;
  3. References to employee reporting requirements under the Abused and Neglected Child Reporting Act and Title IX;
  4. References to required training on child abuse and employee ethics under state and federal law;
  5. Expectations for maintaining professional relationships and boundaries generally, and then in three specific circumstances:
  • Transporting a student,
  • Taking or possessing a photo or video of a student
  • Meeting with a student or contacting a student outside of the employee’s or agent’s professional role.
 
Faith’s Law expands the criminal definition of grooming to include conduct outside of solely online or technology-based conduct. It additionally clarifies that grooming behaviors are a part of conduct which mandated reporters are required to report under the Abused and Neglected Child Reporting Act.
 
The nature of inclusion of the language be somewhat different in every school, and because the conference of liability may be determined by care in compliance, it is important that schools evaluate how their own policies will be impacted by the addition of these requirements.
 
Many of the new and relevant policy updates may have occurred after the time of year schools typically update handbooks, so it may be wise to double-check if your versions adequately met this requirement. If you find a required piece missing, it may be wise to update your web versions and print addenda. The legislature emphasized the importance of educators’ reporting requirements on such an important issue, so there may be value in ensuring staff receive print copies of any addenda to the staff handbook. In doing so, it would be a great time to remind educators of their many similar reporting requirements of sexual misconduct, such as employee reporting requirements under Title IX.