VI. Supporting and Advocating for Students and Educators

The proposed Policy Statement concludes by noting the central role of the Association in advocacy and action regarding the use of artificial intelligence in pre-K–12 and higher education. Key values of the NEA are centered in this section of the proposed Policy Statement: advocating on behalf of students and educators, fighting for racial and social justice, working in coalition, ensuring human connections, and providing learning opportunities for members. In this section, the Task Force offers concrete actions for the NEA to take to support the implementation of AI in education in line with the guiding principles outlined above.

The Task Force asks the NEA to develop guidance to support state affiliates, local affiliates, and members in actively advocating for safe, effective, and equitable uses of AI. These resources should include, but are not limited to:

• Model school board resolutions;
• Model contract language and other bargaining guidance;
• Model procurement guidance that aligns with Web Content Accessibility Guidelines (WCAG) and Universal Design for Learning (UDL) Guidelines;
• Guides of questions students, educators, and families should ask as local policies are developed and tools are reviewed, adopted, and reevaluated; and
• Training and informational sessions.

Specific attention in these resources should be paid to student and educator data privacy and the use of AI in high-stakes decisions, such as educator hiring and evaluation.

The Task Force also calls on the NEA and its state and local affiliates to call for and actively engage in coalitions, commissions, and committees that are studying AI use, effectiveness, and policy, both in general and specifically regarding students and educators with disabilities.

The Task Force asks the NEA to take the following policy actions on behalf of students and educators to support the implementation of artificial intelligence in education in accordance with the above principles.

1. Advocate for federal legislation that supports transparency into AI algorithms and their uses; includes strong protections for civil rights and civil liberties; helps mitigate against inequitable, discriminatory, and other harmful user outcomes; seeks to ensure age and developmentally appropriate uses of AI-enabled technology; and protects data rights and privacy in keeping with concerns expressed throughout this Task Force Report and in the proposed Policy Statement on the Use of Artificial Intelligence in Education.
2. Advocate that the U.S. Department of Education create a task force inclusive of educators, parents and families, students, administrators, and other key interest holders focused on:
   1. The appropriate uses of AI for and with students, educators, and families;
   2. Inclusive and accessible AI technology and practices that effectively support learners and educators with disabilities;
   3. The impact of AI on the future of teaching, learning, socialization, and behavior; and 
   4. The protection of student and educator data, civil rights, safety, and privacy.
3. Demand the U.S. Department of Education issue guidance and regulations to ensure humans are driving decision-making in educational settings when AI is being used. For example, the Department of Education should insist that schools and higher education institutions:
   1. Ensure educators and administrators are the final decision-makers, not AI-generated content or analysis, particularly for high-stakes decisions involving matters of employment and student placement, graduation, and matriculation;
   2. Ensure that educators and administrators are involved in decisions where AI systems, data, and analyses may involve discipline, evaluation, assessment, surveillance, health, and mental health matters;
   3. Ensure professional learning opportunities for educators, including administrators, are available and mandated regarding the appropriate use of AI in educational settings, along with appropriate risks; and
   4. Ensure postsecondary teacher education programs include content on the appropriate use of AI, along with associated risks.
4. Advocate for a high-quality, accessible evidence base regarding the use of AI in educational contexts. The Institute of Education Sciences (IES) at the U.S. Department of Education should expand its investment in education AI research by continuing to fund additional research opportunities through the National Center for Education Research, the National Center for Special Education Research, and the National Center for Education Evaluation and Regional Assistance. The Department of Education should also facilitate educator and administrator access to evidence about the effective use of AI in education by:
   1. Creating a resource portal that allows easy access to high-quality, peer-reviewed research on AI in education;
   2. Publishing briefs that synthesize findings on key topics; and
   3. Working with the Comprehensive Centers and the Regional Educational Laboratories to ensure effective dissemination of resources on this topic.
5. Urge the U.S. Department of Education’s Office for Civil Rights (OCR) to issue a Dear Colleague Letter to states, school districts, and higher education institutions on criteria and conditions necessary to protect students’ civil rights when AI is used in educational settings. The guidance should include steps to ensure that existing biases in the educational system are not replicated or exacerbated by AI-generated content or analyses. Specific guidance should be developed regarding the use of AI systems, data, and analyses for matters pertaining to discipline, evaluation, assessment, Individual Educational Plans (IEPs), 504 accommodations, surveillance, and physical and mental health.
6. Demand that the U.S. Department of Education start the regulatory process to update the Family Educational Rights and Privacy Act (FERPA) regulations that are long overdue. When the U.S. Department of Education schedules an update of the regulations, it should appropriately address the educational technology environment, including the presence of artificial intelligence. Protections for students should be addressed in the updated regulations to ensure that any biases inherent in the educational system are not replicated in AI-generated content or analyses, and such protections should apply to any third-party vendors in the school district or campus.
7. Urge the U.S. Department of Education to issue guidance immediately and regulations in the near future to ensure that states and local school districts employ transparency principles so that students and families are not subject to AI analysis, assessment, or impact without their full knowledge.
8. Urge every state department of education to name a chief privacy officer who is authorized and resourced to protect student and employee data privacy comprehensively in the state. The State chief privacy officer can optimally rely on partnership and coordination with school district privacy officers, who are also prepared and working regularly to protect data. In concert with school districts, chief privacy officers will ensure data governance policies are updated, clear, and disseminated; focus on the education of all educators, families, and students; and ensure state and district employees are clear about protocols when prevention efforts are not sufficient to prevent disclosure of confidential and/or protected information.

Finally, the NEA and its state and local affiliates must play a central role in ensuring that all students and educators can use AI in safe, appropriate, and equitable ways. The Task Force, therefore, asks the NEA, in partnership with allied organizations when appropriate, to develop high-quality professional learning opportunities for its members on AI literacy, using AI in instructional contexts, and issues of AI ethics and equity. These opportunities may be multifaceted in terms of their format and intensity to have the greatest reach; options could include webinars, workshops at NEA conferences, micro-credentials, and the creation of a cadre of member-leaders.

Care should be taken to balance general learning opportunities with professional support targeted at the needs of specific member groups, such as higher education faculty, education support professionals, specialized instructional support personnel, and aspiring educators. In addition, there should be opportunities that specifically address the use of AI tools with early learners, students with disabilities, and emergent multilingual learners. The NEA should share best practices with state and local affiliates to support their efforts to develop members' AI literacy. In addition, the NEA should encourage teacher and administrator preparation programs to incorporate comprehensive AI literacy coursework so that educators are prepared to use AI and build students’ AI literacy.