Last week, the U.S. Department of Education’s Office for Civil Rights (OCR) released a new resource, Avoiding the Discriminatory Use of Artificial Intelligence, aimed at helping schools understand how AI technologies can enhance educational opportunities and contribute to discrimination if improperly designed or implemented.
The guidance responds to Executive Order 14110, which calls for the development of policies and resources ensuring the safe, responsible, and equitable use of AI in various sectors, including education. The resource highlights legal standards OCR applies to assess potential discrimination and outlines scenarios that could prompt investigations.
“Federal civil rights laws protect students in educational settings, with or without AI,” said Catherine E. Lhamon, Assistant Secretary of Education for Civil Rights. “School communities must take care not to discriminate when implementing AI tools. OCR remains committed to vigilant enforcement in this area as with all aspects of students’ educational experiences.”
The resource underscores that schools receiving federal funding must adhere to civil rights laws when using AI technologies. It also provides examples of practices that could raise concerns about discriminatory outcomes, particularly for vulnerable and underserved communities.
This release is in addition to other efforts by the Department’s Office of Education Technology (OET), which has developed additional resources on the safe and responsible use of AI in education. These materials are available on the OET’s Artificial Intelligence webpage.
Students, parents, or educators who believe discrimination has occurred can file complaints through OCR’s Electronic Complaint System. The office also offers training and technical assistance on applying civil rights laws in educational settings.