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I am currently a graduate student in the Student Development and Leadership in Higher Education program. Professionally, I am the Assistant Director for our Student Center. My topic is the use of Artificial Intelligence, AI, tools in higher education and the ethical and legal implications surrounding the use in the classroom . This topic is important because AI tools are rapidly entering educational settings. I chose this topic because it directly impacts student outcomes and accessibility.

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The federal level is the United States Department of Education- which would oversee technology use in education. The Department of Education ensures compliance.

The state level, Texas Education Agency, will establish policy for tech and student data protection at public universities/colleges. The TEA will monitor compliance with state specific technology laws.

Texas Education Agency. (n.d.) https://tea.texas.gov

U.S. Department of Education. (n.d.). . https://www.ed.gov

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Statute: American with Disabilities Act (ADA) requires accessible technology for students with disabilities. AI tools must be inclusive.

Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (1990).

Administrative Law: Family Educational Rights and Privacy Act (FERPA) protects students data from misuse by AI tools. Institutions must keep data fed into AI systems protected.

Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g.

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Thomas Reuters V. ROSS Intelligence.

Although this is not in education, not any cases regarding AI as of now, this sets an idea of how educational institution might proceed in disciplinary action regarding the misuse of AI.

The U.S District Court for the District of Delaware ruled that ROSS Intelligence infringed on copyrights by copying another entity to train its AI legal research. The court determined that there was enough examples exhibited to be considered original and copyrightable works.

United States District Court, District of Delaware. (2025, February 11). Thomson Reuters Enterprise Centre GmbH & West Publishing Corp. v. Ross Intelligence Inc., https://www.ded.uscourts.gov/sites/ded/files/opinions/20-613_5.pdf

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Section 504 of the American with Disabilities Act requires that all technology tools, now including AI, needs to be accessible to students with disabilities. Institutional must ensure non-discriminatory access.

Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (1990).

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This example comes from Midwestern State University, MSUTX. MSUTX requires that any digital tool used, including AI, must be reviewed for accessibility before implementation.

Midwestern State University. (2024, May 3). Laws, policies & standards. MSU Texas. https://msutexas.edu/508/laws-policy-and-standards.php

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1. Perform routine audits on AI based tools used in the institution by students/faculty/staff.

2. Develop clear guideline for AI use that includes faculty/staff input.

3. Train faculty and staff in ethical tech use.

National Institute of Standards and Technology. (2025, March 25). AI Risk Management Framework. https://www.nist.gov/itl/ai-risk-management-framework

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H.2.C Acknowledgement of Limitations: Counselors inform clients about the inherent limits of confidentiality when using technology. Counselors urge clients to be aware of authorized and/ or unauthorized access to information disclosed using this medium in the counseling process.

This ensures that AI tools do not share private information and how students should proceed if they come across unauthorized information.

American Counseling Association. (2014). 2014 ACA Code of Ethics . American Counseling Association. https://www.counseling.org/docs/default-source/default-document-library/ethics/2014-aca-code-of-ethics.pdf

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I currently work with first generation college students who struggle with utilizing their resources. Most of them find it easier to resort to AI-which can either close or widen these accessibility gaps. This topic made me more aware of how tech can affect student retention and outcomes. It also showed me how legal standards are still struggling making a decision when it comes to AI in the classroom in a higher education setting. Hence me pulling from American with Disability Act, FERPA, and others to make a connection for higher education.

I feel responsible as someone who would like to teach adjunct in the future for AI use. Understanding the laws reassures me that ethical practices are legally required and not optional. This supports my long time goal to assist students in higher education.

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1. Train faculty and staff on the ethical use of AI and data privacy under FERPA.

2. Establish committees including students, disability services, and IT staff to review AI tools used by students and the university.

3. Create and opt out service for students who do not want to use AI in a classroom setting

4. Regular Audits for the AI systems

5. If promoting AI, promote as a resource not as a replacement for doing work independently.

6. Establish clear boundaries for how students are able or unable to use AI tools in the classroom setting.