“But along with that potential comes certain risks, specifically legal and privacy liabilities, CDT said.
For instance, IDEA requires each IEP to be unique and tailored to each students’ disabilities, goals and process for achieving their goals. An AI tool that develops IEPs based on little student-specific information and that is not significantly reviewed and edited by a teacher likely would not meet these IDEA requirements, said the CDT paper.
Educators and school systems should also be aware of privacy rules under the Family Educational Rights and Privacy Act, IDEA and other state-level privacy policies when using AI tools, CDT said. Any student information included in a query to a chatbot can be collected and likely stored by the chatbot company, the center said.
The privacy risks and chance of violating FERPA vary depending on factors like the chatbot version being used and whether the school or district has agreements with vendors that license purpose-built tools, which may have more privacy protections.”
Heightened AI use in special education brings elevated risks | K-12 Dive