In October 2024, the U.S. Department of Education (ED) released its Toolkit for Safe, Ethical, and Equitable AI Integration. This was in response to President Joe Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The order required ED to develop resources, policies, and guidance for the responsible use of AI in education. The Office for Civil Rights (OCR) at ED also issued guidance titled Avoiding the Discriminatory Use of Artificial Intelligence to address AI's impact on civil rights in schools.

These resources aim to provide clarity on how existing civil rights laws apply to educational technology. They highlight issues such as algorithmic bias and discrimination risks associated with various AI applications like student activity monitoring software and facial recognition tools.

The toolkit also addresses deepfake non-consensual intimate imagery (NCII), which can create a hostile learning environment based on sex. Recommendations include adopting a trauma-informed approach to reports of deepfake NCII and ensuring privacy for those involved.

Regarding academic integrity, the toolkit discusses generative AI's role in widening trust gaps between teachers and students due to fears of academic dishonesty. It emphasizes that educational leaders should ensure that protected student groups are not disproportionately affected by generative AI detectors.

For years, civil society has urged ED to provide clear policies regarding edtech and AI usage concerning civil rights. These new resources clarify how civil rights laws apply to various AI uses in schools. They also underscore ED's commitment to enforcement actions consistent with its pledge through the Department of Justice.

As changes occur within the Administration, it is hoped these issues will remain a priority for ED in future years. CDT continues advocating for student privacy and civil rights related to AI use in schools.