The U.S. Department of Education's Office for Civil Rights (OCR) has released a new resource titled "Avoiding the Discriminatory Use of Artificial Intelligence." This document aims to help school communities understand how artificial intelligence (AI) technologies, while potentially enhancing educational opportunities, can also lead to discrimination based on their design or usage.
This initiative follows Executive Order 14110, which mandates the Department to develop resources and guidance on AI that focus on safe, responsible, and nondiscriminatory applications in education. The order particularly emphasizes the impact of AI systems on vulnerable and underserved communities.
The newly released resource outlines the legal analyses OCR employs to identify potential discrimination and includes examples of conduct that might prompt an investigation. Schools receiving federal financial assistance are required to use AI in a manner consistent with federal civil rights laws, ensuring nondiscrimination.
Catherine E. Lhamon, Assistant Secretary of Education for Civil Rights, stated: "Federal civil rights laws protect students in educational settings with and without AI. School communities must take care that they do not discriminate when applying AI tools. OCR will remain vigilant in enforcement regarding AI usage as we will with respect to any other aspect of students’ educational experience."
The Department's Office of Education Technology has made available several other resources focused on the safe and responsible use of AI in education through its website.
Individuals who believe a school has discriminated against a student based on race, color, national origin, sex, disability or age can file a complaint with OCR via its Electronic Complaint System webpage. OCR also offers technical assistance related to its laws concerning discrimination. For training requests, contact OCR at OCR@ed.gov.
