The Status of State-Specific AI Education Policy
Currently, very few states provide guidance on K–12 AI policy. According to MultiState, five states have enacted legislation addressing AI in education, and 22 states and the District of Columbia have introduced bills for consideration.
“New York hasn’t issued statewide guidance, so each district’s board and superintendent decide the guardrails for use applied in their district,” shares Jeffrey Botteron, president and CEO of TechBuffalo, a western New York nonprofit helping build and support the local tech ecosystem. “To make sure decisions about AI use are well informed, we intentionally curate environments for industry and education to collide so the lag between the two shrinks. In Buffalo, we stood up the Future Ready Forum, a monthly meeting to do exactly that.”
LWSD relies on “human-centered” guidance provided by Washington’s Office of Superintendent of Public Instruction to help guide AI decisions.
“Beyond that, the constraints we experience largely predate AI: Student data privacy and data sharing law, records retention requirements, filtering, and consent rules for children under 13 effectively set much of our posture before any AI conversation begins,” says Beebe. “The state guidance gives us ways to think about AI, but the older statutes and rules tell us what we can actually do in this space.”
UP NEXT: See how a Texas school district built a scalable path to AI adoption.
Organizing AI Use Policy in Layers
With little state guidance to reference, most AI policy decisions are left in the hands of district board members and superintendents. To simplify this important but time-consuming process, Miguel Guhlin, director of professional development for the Texas Computer Education Association, suggests a three-layer approach to AI policy:
- A foundational layer that emphasizes privacy and safety values
- An operational layer focused on addressing technology capability changes
- A classroom layer guiding classroom implementation
“If you have the right foundational policies in place, it doesn't matter how the technology changes. You’ve got your core values to guide you,” Guhlin says. “What does change is how we look at the different AI tools that are out there. Are they worthwhile? Are they good, or not? What are our procedures that we might have around those platforms? These are the guardrails that guide our decisions about AI. Then we need to talk about classroom use of AI. If it doesn't work in the classroom or doesn't give us the benefits we want in the classroom, then we need to have the authority to get rid of it.”
Splitting up AI policy into distinct parts reduces what actually has to be updated. Evergreen district principles and values stay the same or are rarely updated. That leaves only the operational and classroom details that need closer attention on an ongoing basis.
“The evergreen principles should define what AI is used for in your schools and build the uniquely human skills that give anyone who uses AI, teacher or student, a real advantage over someone who uses AI without those skills,” explains Botteron. “The operational layer is the practical part — which tools, which grades and under what conditions. It should change when the technology changes and as teachers get better with it. Review it at least once a year with your teachers and local industry partners, the same way you’d review any curriculum.”
