Another concern many of us teachers share is grading of the state assessments that now use AI technology to score written essays and free response answers. Not only does this put students information in the hands of AI for accurate reporting of scores for students, but can even lead to discrimination of scores as AI is set to look for key words and example responses. Every student has their individual writing style meaning AI might not understand an answer that meets all the requirements, thus altering their score.

AI is becoming a part of everyday life, but how much information is being released without knowledge.

When protecting student data at the federal level, the Student Privacy Policy Office (SPPO) within the United States Department of Education is responsible for enforcing policies such as Family Educational Rights and Privacy Act (FERPA) and Protection of Pupil Rights Amendment (PPRA). I have learned that these agencies work to create regulations, provide information on best practices for privacy, investigate complaints, and offer technical support that is related to violations in PPRA and FERPA. When it comes to privacy concerns associated with artificial intelligence, the SPPO uses the Privacy Technical Assistance Center (PTAC) to help educate others about AI related privacy issues through training and emphasizing best practices when using online programs (Student Privacy Policy Office, 2024).

STATE

For Texas, student privacy is handled at the state level by the Texas Education Agency (TEA). It is the job of TEA to oversee and enforce laws and regulations, such as FERPA, to protect student information within its jurisdiction (Texas Education Agency, 2020).

Practices for Texas Educators. (n.d.). LII / Legal

Information Institute.

https://www.law.cornell.edu/regulations/texas/19-Tex-

Admin-Code-SS-247-2

‌

20 U.S. Code § 1232g - Family educational and privacy

rights. (n.d.). LII / Legal Information Institute.

https://www.law.cornell.edu/uscode/text/20/1232g

AI Policy. (n.d.). Www.taliaferro.k12.Ga.us.

https://www.taliaferro.k12.ga.us/AIPOLICY

‌

‌eCFR. (2013, January 17). Federal Register :: Request

Access. Unblock.federalregister.gov.

https://www.ecfr.gov/current/title-16/chapter-

I/subchapter-C/part-312

‌

Freedman, L. F. (2025). Texas AI Governance Law Signed

by Governor. Natlawreview.com; National Law Review.

https://natlawreview.com/article/texas-ai-governance-

law-signed-governor

‌

HG.org. (2017). The Student Privacy Act in Texas - HG.org.

Hg.org. https://www.hg.org/legal-articles/the-student-

privacy-act-in-texas-45366

‌

Johnston, L. (2020, April 20). Recent Cases Highlight

Growing Conflict Between AI and Data Privacy.

Www.haynesboone.com.

https://www.haynesboone.com/news/publications/recent-

cases-highlight-growing-conflict-between-ai-and-data-

privacy

‌

Pixeld. (2024, April 18). Data Privacy in Schools - Best

Practices for Managing Student Information -

NetStrategy. NetStrategy.

https://www.netstrategy.net/data-privacy-in-schools-

best-practices-for-managing-student-information/

‌

Student Privacy Policy Office. (2024). U.S.

Department of Education.

https://www.ed.gov/about/ed-

offices/opepd/student-privacy-policy-

office

Texas Education Agency. (2020, June 5). Welcome and

Overview. Tea.texas.gov. https://tea.texas.gov/about-

tea/welcome-and-overview

‌

U.S. Department of Health and Human Services. (2022,

January 19). Your rights under HIPAA. HHS.gov.

https://www.hhs.gov/hipaa/for-individuals/guidance-

materials-for-consumers/index.html

‌

U.S. Department of Justice. (2015, August 6). Title Ix of the

Education Amendments of 1972. Justice.gov.

https://www.justice.gov/crt/title-ix-education-

amendments-1972

‌

‌

15 U.S.C. § 6501 et seq. - Children's Online Privacy Protection Act (COPPA)

• Federal Law to protect online privacy of children under the age of 13

• Requires websites to verify parent consent before collection of data from children

• It is a legal requirement of website and online operators to follow verification of age before data collection through COPPA and have a privacy policy explaining practices

(eCFR, 2013)

https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-312

42 U.S.C. § 2000d et seq. - Civil Rights Act of 1964 - Title VI

20 U.S.C. §§ 1681–1688. - Title IX

• Both Title VI and Title IX prohibit discrimination

• Work to prevent bias of artificial intelligence

(U.S. Department of Justice, 2015)

https://www.justice.gov/crt/title-ix-education-amendments-1972#:~:text=of%20the%20page-,Sec.,the%20Secretary%20of%20Education%20or

House Bill 149 - Texas Responsible Artificial Intelligence Governance Act (TRAIGA)

• State law that goes into effect January 1st, 2026

• regulates AI to focus on transparency and prevent harmful applications

• must disclose that interaction is happening with AI system

(Freedman, 2025)

https://capitol.texas.gov/tlodocs/89R/billtext/pdf/HB00149I.pdf

• State statute protecting student data from online programs used for educational purposes

• Restricts use and disclosure of data

• Must have implemented security measures

(HG.org, 2017)

https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00928I.htm

20 U.S.C. § 1232g - Family Educational Rights and Privacy Act (FERPA)

• administrative law in place to protect student education records

• Law applies to educational institutions

• Explains parent and student rights regarding access to information

• Parents and students legally have a right to view their records

• Proper disclosure of information

• Must be followed by institutions receiving federal funding

(20 U.S. Code § 1232g - Family Educational and Privacy Rights, n.d.)

https://www.law.cornell.edu/uscode/text/20/1232g

• Transactions allowed AI data mining companies to obtain and distribute medical files

• showed an increased risk associated with data collection using AI and and algorithms that violate other laws

(Johnston, 2020)

https://caselaw.findlaw.com/court/us-dis-crt-n-d-ill-eas-div/2085390.html

• sets national standards for protecting information

• gives individuals rights regarding their information

• HIPAA assists in managing data similar to FERPA with students and data can be collected through AI

(U.S. Department of Health and Human Services, 2022)

https://www.govinfo.gov/content/pkg/PLAW-104publ191/pdf/PLAW-104publ191.pdf

Policy for Taliaferro County Schools in Crawford, Georgia

• Provides outline for acceptable and unacceptable uses of AI in the school system

• States that AI programs must not collect or store student data without clear consent for educational purposes

• Use of AI programs must not violate FERPA or COPPA

• AI should not be used under bias

(AI Policy, n.d.)

https://www.taliaferro.k12.ga.us/AIPOLICY

(Pixeld, 2024)

These strategies are important in the protection of student data as teachers that implement online programs know what to look for when planning lesson using online programs. The IT department along with teachers and administration can create an approved list of online programs that have policies that work to protect data. This helps teachers identify programs that are safe to use. Having a plan of action works to protect the students private information from falling into the wrong hands by informing the proper legal council, parent, and taking action immediately.

(1) Professional Ethical Conduct, Practices and Performance.

(G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws.

(19 TAC § 247.2)

https://www.law.cornell.edu/regulations/texas/19-Tex-Admin-Code-SS-247-2

This code for educators relates to student privacy and AI data collection as any local policy for protection of student data must follow the regulations outlined in FERPA. An educator complying with their local policy to protect their students' information they are also complying with FERPA.

I think these laws are in place not only to protect student data, but to help students avoid discrimination against AI technology. Law makers will never be able to stop making adjustments to protect student privacy from technology with its advancing changes. Its up to us as educators to help teach students how to protect their information.