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U.S. Department of Education Releases Toolkit for AI Integration in Schools

Posted on November 11th, 2024
by Nikolaus A. Baikow

On October 24, 2024, the U.S. Department of Education released its long-awaited “Toolkit for AI,” offering educational leaders essential guidance for incorporating artificial intelligence into student learning.

This comprehensive toolkit is designed to help schools make informed, safe, and effective decisions regarding AI’s role in education, emphasizing Federal laws and standards that must be met to protect student rights and promote equity.

Key Areas Addressed by the Toolkit

With sections on mitigating risk, building AI strategies, and maximizing opportunities, the toolkit covers critical areas for school districts aiming to responsibly integrate AI into their educational systems.

The toolkit breaks down its recommendations into three main categories:

1. Mitigating Risk: Safeguarding Student Privacy, Security, and Non-Discrimination

The toolkit provides detailed guidance on understanding and mitigating the risks of AI, particularly regarding student privacy, security, and non-discrimination. It encourages school districts to comply strictly with Federal laws to ensure AI applications align with educational standards without compromising student rights.

2. Building a Strategy for AI Integration in the Instructional Core

This section offers school leaders a roadmap for developing a coherent strategy to bring AI into the instructional core. Schools are encouraged to rely on evidence-based practices and actively engage their communities to create a shared vision for AI’s role in education.

3. Maximizing Opportunity: Guiding the Effective Use and Evaluation of AI

Focusing on AI literacy for educators, this section emphasizes the importance of responsibly using and continuously evaluating AI tools to enhance teaching and learning. It encourages schools to develop responsible use policies and conduct regular evaluations to measure the impact and effectiveness of AI.

Accessibility and Impact on Education for Students with Disabilities

The toolkit highlights accessibility as an area of major importance for AI.  For students with disabilities, the toolkit highlights the potential for AI to support more inclusive learning environments. 

Key points include:

• IDEA Compliance and Support: AI can help meet the requirements of the Individuals with Disabilities Education Act (IDEA), which provides early intervention and special education for eligible students.

• Universal Design for Learning (UDL): The toolkit promotes UDL, a framework that optimizes learning for all students, especially those with disabilities. AI can support UDL by enabling multimodal approaches like speech recognition, captioning, language translation, and ASL recognition.

• Accessibility Standards: AI’s compliance with accessibility standards, like the Web Content Accessibility Guidelines (WCAG), is critical to prevent algorithmic discrimination. The toolkit emphasizes that schools must monitor AI to ensure it doesn’t disadvantage or exclude students with disabilities.  

Addressing Cyberbullying and Privacy in Schools

The toolkit also tackles two pressing concerns tied to AI use in education: cyberbullying and surveillance/monitoring.

• Cyberbullying: AI-driven tools such as generative AI (GenAI) can exacerbate cyberbullying, as students may use AI to create deep fake images or generate harmful messages. The toolkit advises educational leaders to stay vigilant and engage with communities to address cyberbullying risks and prioritize student safety.

• Monitoring and Surveillance: AI technologies can make inferences from audio and visual data, which raises privacy concerns. The toolkit stresses that educational leaders must find a balance, ensuring AI monitoring does not infringe on students’ civil rights. Schools should evaluate AI-based tracking and moderation tools thoroughly to prevent misuse and safeguard privacy.

Implications for School Districts

Educational leaders must thoroughly analyze AI transparency, ethical standards, and cost-effectiveness with a focus on the school’s mission when making informed decisions about which AI solutions to implement. 

School districts are encouraged to take proactive measures to ensure AI is used responsibly:

• Compliance and Responsible Use Policies: Districts must comply with Federal laws like FERPA, COPPA, IDEA, CIPA, and PPRA. Responsible Use of Technology Policies (RUP) should outline expectations for AI use.

• Task Force and AI Literacy: Establishing a task force dedicated to AI can provide guidance on responsible implementation. Building AI literacy among educators is also essential, empowering them to assess and integrate AI tools effectively.

• Community Engagement and Transparency: The toolkit advises school districts to hold community listening sessions to gather input, build a shared vision, and provide public notice on AI use.

• Accountability and Opt-Out Options: School districts should maintain human oversight over AI decision-making and provide opt-out mechanisms for AI-driven decisions, ensuring transparency and accountability.

Bottom Line For Schools

The Department of Education’s AI Toolkit represents a forward-thinking approach to navigating AI’s role in schools. By providing clear guidelines on risk management, strategic integration, and responsible use, the toolkit equips school districts to create safe, inclusive, and equitable learning environments. 

While AI offers transformative possibilities, the toolkit’s focus on legal compliance, privacy, and non-discrimination aims to safeguard student rights, especially for vulnerable populations. 

Schools may access the toolkit using this link: https://www.ed.gov/about/ed-overview/artificial-intelligence-ai-guidance.

If your school has a question, please consult your local counsel or one of the Education attorneys at KingSpry. 

School Law Bullets are a publication of KingSpry’s Education Law Practice Group. They are meant to be informational and do not constitute legal advice.

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