Arizona bill targets school background check loopholes to keep students safe
SCOTTSDALE, AZ (AZFamily) — More changes designed to keep children safe from predators could be coming to Arizona schools.
Gretchen Jacobs’ daughter, Ava, was molested by a teacher’s aide at Chaparral High School in 2021. Since then, Jacobs has been working to get a bill passed to protect children like her daughter.
“I mean, it’s a great school, but it just shows that it can happen anywhere,” said Jacobs.
Jacobs carried a heavy guilt for what happened to Ava, who is autistic and non-verbal.
“I worked full time, and I thought if I could have been volunteering, maybe I could’ve seen something. Maybe I could’ve prevented it,” said Jacobs. ”I thought it was probably just a one-time thing, but then when the police interviewed the guy who did that, he said that he was scheduled to be alone with her for 10 to 20 minutes every day.”
Nicholas Claus pleaded guilty and took a plea deal. Jacobs said she couldn’t sue the school district for negligence due to a state law loophole requiring employers to run background checks and contact previous employers.
She believes some school officials ignore the law to avoid liability if any employee commits a crime.
“If a school district breaks the law and does not comply with the background checks that are required by law, then they should not be protected with governmental immunity,” said Jacobs.
She wants to make sure that is the case moving forward. Last year, she pushed for a bill to remove that immunity for public schools, but it failed in the state legislature.
After revisions, SB1106, also known as Ava’s Law, is expected to reach the Governor’s desk this week. Jacobs said she would be relieved if the bill was signed.
“It’s been very time consuming and emotionally draining, and I feel like it will be a a job accomplished that needed to get accomplished,” said Jacobs.
She said the bill feels empowering, but most importantly, it’ll help keep other children safe in honor of Ava.
“I think it’s a great way to celebrate her, you know, being 21 and is changing the world--showing that she has a positive impact on other families,” said Jacobs.
If the bill is signed, it will go into effect in September. However, Jacobs explained that it will expire on December 31, 2027. When that time comes, she plans to push to get an extension or make it a permanent law.
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