In an era where generative artificial intelligence (“AI”) is rapidly transforming every aspect of our lives, the education sector stands at a critical juncture. The integration of AI into our educational institutions is not a future prospect—it is happening right now, as we have previously examined in this space. From adaptive tutoring to chatbots and everything in between, AI technology is already making its way into our classrooms. The emergence and widespread availability of generative AI tools presents novel opportunities and challenges for our schools. We at AALRR are leading the charge in helping educational agencies navigate this complex landscape by proposing the adoption and implementation of comprehensive board policies specifically relating to AI.
The Benefits of Adopting and Implementing an AI Policy for School Districts
As AI becomes more and more common in schools, we urge school districts to consider reviewing and updating their board policies to specifically account for AI. While some existing policies might already be interpreted or modified to account for AI, adopting a comprehensive policy that specifically governs AI can help set clear guidelines to staff, students, and other members of the school community regarding how AI can (or cannot) be used by students and staff in the educational setting, provide guidelines for integrating AI technologies into curricula, and address concerns regarding data protection and privacy, among other things. By clearly defining the roles and responsibilities associated with AI usage, the policy can promote consistency and accountability across the district. Numerous school districts across the country have already faced issues with the misuse of artificial intelligence, including the distribution of “deepfake” false imagery of students and creation of false audio recordings. These evolving legal issues and conflicts present a need for school districts to consider and appropriately regulate the use of AI.
Among other things, a comprehensive board policy should cover the following topics:
- Protecting Student Privacy: AI systems often require vast amounts of data to function effectively. In an educational context, this data can include sensitive student information. A well-crafted policy ensures that the use of AI tools doesn’t inadvertently violate student privacy rights or run afoul of laws like FERPA.
- Maintaining Academic Integrity: As AI writing tools become more sophisticated, the line between assistance and cheating blurs. Clear policies on the acceptable use of AI in assignments and assessments are crucial to uphold academic honesty and prevent plagiarism.
- Addressing Ethical Concerns: AI systems can perpetuate or even amplify existing biases, potentially leading to discrimination in educational settings. Policies must address these ethical considerations to ensure fair and equitable treatment of all students.
- Ensuring Legal Compliance: The legal landscape surrounding AI in education is evolving rapidly. School districts need policies that not only comply with current laws but are also flexible enough to adapt to future legal changes.
- Empowering Educators: Clear guidelines on AI use can help teachers leverage these tools effectively while avoiding potential pitfalls, enhancing their ability to provide quality education.
One size does not fit all when it comes to AI policies in education, as each school district has unique needs, challenges, and community values. As a result, we emphasize the importance of engaging with all stakeholders—administrators, teachers, students, parents, and community members. This collaborative approach ensures that the resulting policy reflects the specific needs and values of your school community. By involving all stakeholders, you can address concerns from multiple perspectives, gaining buy-in from those who will be implementing and affected by the policy. This inclusive process helps strike the right balance between innovation and caution, creating a policy that is both effective and widely accepted within your educational community.
These evolving legal issues and conflicts present a pressing need for school districts to consider and appropriately regulate the use of AI. Having a comprehensive AI policy in place can help ensure students, staff, and the educational community are aware of the risks and best practices surrounding the use of AI in educational technology.
Your purchase of our AI policy toolkit provides you with a template AI policy, a summary of the rules and regulations allowing you to adopt the policy, and a complimentary 30-minute advising session with one of our firm’s AI experts. Our toolkit will allow you to craft an AI policy that is the right fit for your District and that is compliant with current laws and regulations.
- Senior Counsel
Alex Lozada is a seasoned attorney who provides legal counsel to school districts, community college districts, and county offices of education. With an extensive background in litigation, Mr. Lozada brings a wealth of experience ...
- Associate
Dustin Stroeve represents school districts, community college districts, and county offices of education in labor and employment law and in general education matters. Mr. Stroeve provides representation, advice, and counsel on ...
- Partner
Paul McGlocklin represents school districts, community college districts, and county offices of education, focusing on classified and certificated employment matters and other labor and employment issues. He also handles ...
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