On Tuesday, the Department of Education’s Office for Civil Rights (OCR) released presidentially-mandated guidance that lays out how schools’ use of artificial intelligence (AI) can be discriminatory toward minority and transgender students, “likely” opening them up to federal investigations.
President Biden signed Executive Order 14110 last year mandating that the Education Department develop resources, policies and guidance regarding AI in schools to help ensure responsible and non-discriminatory use, “including the impact AI systems have on vulnerable and underserved communities.”
“The growing use of AI in schools, including for instructional and school safety purposes, and AI’s ability to operate on a mass scale can create or contribute to discrimination,” the Education Department’s guidance states. “This resource provides information regarding federal civil rights laws in OCR’s jurisdiction and includes examples of types of incidents that could, depending on the facts and circumstances, present OCR with sufficient reason to open an investigation.”
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The first seven examples laid out in the guidance were scenarios where AI could potentially deny benefits, unfairly single out students or exclude them based on race, color or national origin.
One scenario suggested that a plagiarism checker, run using generative AI with “a high error rate when evaluating essays written by non-native English speakers,” could be racist, unbeknownst to a teacher. Nonetheless, if the school continues using the racist plagiarism checker after students and parents complain, it could “likely” lead to a federal civil rights investigation, the guidance states.
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Another example suggested that schools using AI to determine appropriate disciplinary procedures for students could also be exhibiting a racial…
