Bipartisan Effort Launches to Shield Students from Sexual Abuse

In a determined effort to enhance accountability in Arizona’s school districts, Gretchen Jacobs is advocating for stronger background check requirements following the sexual abuse of her autistic, non-verbal daughter at Chaparral High School in 2021. Jacobs, a seasoned lobbyist, aims to ensure that schools are held responsible for failing to conduct thorough employee screenings.

Despite facing setbacks, including a veto from Governor Katie Hobbs last year on a related bill, Jacobs re-engaged with lawmakers to introduce a revised version this year. The proposed legislation, known as SB1106 or “Ava’s Law” in honor of Jacobs’ daughter, seeks to impose liability on school districts if a student is sexually abused and the district failed to perform a rigorous background check.

Senator Catherine Miranda, a Democrat from Laveen, sponsors the bill, which has garnered support across party lines. Jacobs became motivated to pursue legislative change after discovering that the Scottsdale Unified School District conducted a criminal background check on the accused but failed to comprehensively examine his past employment.

“They didn’t contact prior employers or ask critical questions,” Jacobs stated. “The information they gathered was minimal and did not reveal significant issues concerning the employee’s disciplinary history.”

The accused, Nicholas Alan Claus, faced multiple charges, including sexual abuse, and pleaded guilty to two counts of attempted sexual abuse in October 2022, receiving probation as part of his sentence. After learning that state laws shielded school districts from being held accountable, Jacobs felt compelled to advocate for legal changes.

Last year, she introduced a bill through Senator Shawnna Bolick but encountered challenges in arranging stakeholder meetings due to ongoing litigation against the school district. Following a settlement, Jacobs regrouped and engaged in comprehensive discussions with legislators and educational organizations to refine the bill.

Governor Hobbs pointed to a lack of precise legal language in her veto letter, claiming the bill could potentially expand public entity liability too broadly. Jacobs adapted the current proposal based on feedback from stakeholders, making it clearer that liability would only arise from violations of state law.

Miranda highlighted the importance of this initiative, emphasizing its central goal: protecting children from sexual abuse. She expressed optimism that the revised bill addresses previous concerns and appeals to a wide range of stakeholders.

Senator Janae Shamp, a Republican from Surprise, framed the legislation as a bipartisan effort aimed at safeguarding the welfare of children entrusted to schools. She affirmed the necessity of background checks for individuals in positions of trust within educational institutions.

If enacted, Jacobs wants “Ava’s Law” to encourage schools to undertake more comprehensive reviews of potential employees’ histories. “Right now, there’s no incentive to learn more; the less you know, the less liable you are,” she explained. “This bill counters that flawed logic.”