One of the hardest discoveries for a family is learning that the teacher who abused their child had been accused before, somewhere else. Illinois now has rules aimed squarely at that problem. When those rules were not followed, the paper trail they create can become central to a civil claim.
You do not need to have reported the abuse, and nobody needs to have been charged. A civil claim asks what the school district knew, what it should have known, and what it did. Attorney Ervin Nevitt, a partner at Coplan + Crane (Illinois bar registration 6319808, admitted 2014), reviews these cases.
Employment history reviews: the paper trail behind a hire
Section 22-94 of the School Code, added by Public Act 102-0702, covers every permanent and temporary job at a public or nonpublic school that involves direct contact with students. That includes contractor staff such as bus drivers.
Before hiring, the school must get a statement on ISBE's template saying whether the applicant has been the subject of a sexual misconduct allegation, left or been disciplined at a job because of one, or had a license suspended, surrendered, or revoked for that reason. The school must then put the same questions to the applicant's current employer and to past employers that were schools or involved work with children. For ISBE-licensed applicants, it must check the reported employers against ISBE's licensure records.
A completed review does not have to be repeated when the employee moves to another school in the same district, diocese, or religious organization.
Secret deals are void
Since July 1, 2023, a school may not sign a resignation or severance agreement that suppresses information about a pending investigation or a substantiated allegation. Such terms are void. A school can no longer quietly let a staff member leave on the promise that the next employer will not hear about it.
Why families usually need a lawsuit to see these records
Employment history review information is not a public record. It cannot be obtained through a Freedom of Information Act request. Families usually reach it through a lawsuit. Prior complaints and transfers are usually obtained the same way.
Districts keep personnel files, prior complaints, and transfer histories. Those are the records that show what the school knew and when.
License discipline
Illinois educators hold licenses issued by ISBE under Article 21B of the School Code. Under Section 21B-75, the State Superintendent of Education has exclusive authority to start proceedings to suspend a license for up to five years or revoke it. The grounds include abuse of a child, sexual misconduct, and willful or negligent failure to report suspected abuse.
A district superintendent who has reasonable cause to believe a license holder committed sexual misconduct that led to dismissal or resignation must report it in writing to the State Superintendent and the regional superintendent.
Looking up a license yourself
The public search in the Educator Licensure Information System (ELIS) on isbe.net lets anyone look up license information by city, district, school, or educator name. ISBE verifies misconduct findings and sanctions separately, on email request. It asks for the educator's identification number and date of birth, which families rarely have.
An active license does not mean no complaint was ever made.
Where these rules came from
These hiring and license provisions are part of Faith's Law, two acts of the 102nd General Assembly on sexual misconduct by school staff: Public Act 102-0676, effective December 3, 2021, and Public Act 102-0702, effective July 1, 2023. The law is named after Faith Colson, who was abused by a teacher at her Illinois high school and later learned that several adults there had suspected the relationship and did not report it. For a civil claim, the law matters because it sets out in writing what a school was supposed to have in place.
Faith's Law also defines sexual misconduct in Section 22-85.5 of the School Code (105 ILCS 5/22-85.5). It covers any act, including verbal, nonverbal, written, or electronic communication or physical activity, by an employee or agent of a school district, charter school, or nonpublic school with direct contact with a student, directed toward or with a student to establish a romantic or sexual relationship. Examples include romantic invitations, dating, sexualized dialog, suggestive comments, and sexual or romantic contact. Romantic messages to a student qualify even with no physical contact.
Every district, charter school, and nonpublic school must have an employee code of professional conduct policy that includes this definition and sets staff-student boundaries, with guidelines on transporting students, taking or keeping photos or video of students, and contacting students outside the employee's professional role. It must be posted on the school's website, if it has one, and included in handbooks.
Since July 1, 2023, when an employee, agent, or contractor is alleged to have engaged in sexual misconduct with an enrolled student, the school must tell the student and then notify the parents or guardians in writing. A second notice follows if the board takes formal action on the employee's job, such as a termination or accepted resignation, and must say whether a report was or will be sent to the State Superintendent. Parent notice is not required once the student is 18 or emancipated.
Grooming and mandatory reporting
The General Assembly found that many breaches of staff-student boundaries are not criminal but still put students at risk, and that repeated boundary violations can indicate grooming. Faith's Law widened the criminal definition of grooming (720 ILCS 5/11-25) to cover acts in person, through a third party, and in writing, and made grooming a form of abuse that school staff must report to DCFS.
School staff are mandated reporters. A complaint that was received and not reported is itself a documented failure. Warning signs include private messaging on personal accounts, driving a student alone without parental permission, keeping photos or video of a student for no school purpose, one-on-one time in an empty room, off-campus or after-hours contact, and sharing personal, romantic, or sexual details or commenting on a student's appearance. None of these alone proves abuse. The question is whether other staff saw the pattern, whether it broke the written policy, and what the school did once it knew.
Who the claim is against
These claims are usually brought against the school district, rather than only the individual. The theory that most often carries them is failure to report, though several run together, and which fits depends on your facts.
Where the school is a public district, the defendant is a public body, bringing in the Illinois Tort Immunity Act and its immunities, notice rules, and timing rules. A public district or school board is a "local public entity" under the Act. Under Section 3-108, for example, a public entity is not liable for an injury caused by its supervision, or by a failure to supervise where it had a duty to, unless the conduct was willful and wanton. Districts are public bodies under FOIA, so some records can be requested before suit, though employment history review information cannot.
Childhood sexual abuse claims are treated differently from other claims against public bodies, and private schools follow the ordinary rules. How timing applies depends on your facts, so have a lawyer check your dates.
A private or religious school is not a local public entity, so the immunities do not protect it in the same way, and it is not subject to FOIA. In a Catholic or other religious school, the school, parish, diocese, religious order, or an operating corporation may each be a defendant, depending on who employed and supervised the teacher. Faith's Law, including the employment history review, applies to nonpublic schools too.
Common Questions Around Prior Misconduct Records
Can I find out whether my child's teacher was disciplined before? Partly. ELIS shows license information, but misconduct findings are verified through a separate ISBE request, and employment history review forms are not public records. Prior complaints and transfers are usually obtained in a lawsuit.
Does someone have to have been convicted? No. A civil case uses a lower standard of proof than a criminal one and is usually brought against the institution rather than the individual.
I am asking for someone else. That is fine and it happens often. The person involved has no obligation to do anything.
What if I only remember part of it? That is ordinary. These cases are built from institutional records rather than a complete account.
Will the school tell us if a staff member is accused? Under Faith's Law, yes, in writing, and again if the board acts on the employee's job. It does not have to name the employee.
Does this apply to Catholic and private schools? Yes. The definition, conduct policy, parent notices, and employment history review apply to nonpublic schools too.
What happens when you contact us
You speak with a person, not a form or a script, and you do not have to describe what happened. We look into which institution was responsible, what it knew, what records exist, and whether a claim can still be brought. That work costs you nothing.
We tell you plainly what is possible. If you decide not to go ahead, that is the end of it, and what you told us stays confidential. If you go ahead, we carry the filings, deadlines, records, and insurers. Steps can be taken to protect your identity in the court record.
Call (708) 671-6858 for a free, confidential case review. Learn more: https://survivorsofabuseil.com/teacher-student-sexual-abuse-lawyer-il/
