New Guidance Highlights AI’s Potential for Discrimination in Education
On Tuesday, the Department of Education’s Office for Civil Rights (OCR) issued a groundbreaking guidance document addressing the potential for artificial intelligence (AI) systems in schools to perpetuate discrimination against minority and transgender students. This presidentially-mandated guidance could potentially set the stage for federal investigations into discriminatory practices linked to AI use in educational institutions.
Executive Order Mandating Accountability
The impetus for this guidance rooted back to President Biden’s signing of Executive Order 14110 last year. This executive order directed the Education Department to develop resources and policies to ensure that AI technologies utilized in schools foster safe and equitable educational environments, especially for vulnerable and underserved communities.
The Risks of AI in Educational Settings
The Department’s guidance unequivocally states, “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 document provides a framework for understanding the intersection of AI technologies and federal civil rights laws, alongside specific scenarios that could trigger an investigation by the OCR.
Examples of Potential Discriminatory Practices
Among the various examples illustrated in the guidance, the document outlines seven distinct instances where AI could lead to discriminatory outcomes for students based on their race, color, or national origin.
Case Study: Plagiarism Checkers
One highlighted scenario involves the use of AI-powered plagiarism checkers. The guidance warns that if a plagiarism detection system, which demonstrates “a high error rate when evaluating essays written by non-native English speakers,” is employed by schools, it could inadvertently end up being racist. Should schools continue this practice despite complaints from students and parents, they could find themselves facing a federal civil rights investigation.
Bias in Disciplinary Actions
AI’s role in determining disciplinary measures for students also raises significant concerns. The guidance notes a persistent pattern of racial bias in school discipline. It states, “Significant disparities by race have persisted in the school’s application of student discipline, with Black students frequently receiving harsher punishments than their peers.” This reliance on historical disciplinary data in AI systems could thus exacerbate existing inequalities.
Gender Norms and AI
Additionally, issues of discrimination based on gender identity and expression were addressed. The guidance outlines a scenario where facial recognition technology fails to accurately identify students who do not conform to traditional gender norms. This misrepresentation could lead to unjust security flagging for those whose appearances diverge from conventional expectations tied to their recorded gender.
The Implications of Inaction
Students incorrectly categorized as security risks could face severe repercussions, including embarrassment and educational disruptions. If school administrators are informed of these issues but persist in using problematic software, it raises the potential for violations under Title IX, inviting further scrutiny and investigation from OCR officials.
Federal Crackdown on AI Discrimination
Challenging discrimination perpetuated by AI systems has become a central focus of the Biden administration. Leaders from various federal agencies—including the Department of Justice, the Federal Trade Commission, and the Equal Employment Opportunity Commission—publicly pledged to deploy existing civil rights laws to combat biases embedded in AI technologies. These initiatives aim to ensure equitable treatment for all students, a mission that aligns closely with the November release of the OCR’s guidance.
Upcoming Changes in Leadership
In related news, President-elect Donald Trump announced plans to nominate former World Wrestling Entertainment CEO Linda McMahon as the next leader of the Department of Education. This move could signal further shifts in educational policies, especially regarding the deployment of technology in schools.
Conclusion and Future Outlook
The newly released guidance from the Department of Education serves as a critical reminder of the intersection between technology and civil rights. As schools increasingly rely on AI tools, it is essential to prioritize responsible and equitable practices to protect all students. The Biden administration’s proactive stance on addressing these potential pitfalls reflects a growing recognition of the urgent need for accountability in the deployment of advanced technologies in educational settings.
The Department of Education has not provided any official comments prior to the publication of this article, indicating that the implications of this guidance may continue to evolve as schools respond to the call for equitable AI use.
