In The Politics of Autism, I write about social services, special education, and the Individuals with Disabilities Education Act.
Ariana Aboulafia at the Center for Democracy and Technology:
The use of artificial intelligence (AI) in schools is becoming more commonplace, including the use of generative AI models to develop individualized education programs (IEPs) for disabled students. A recent poll from the Center for Democracy & Technology (CDT) found that 57% of teachers reported using AI to develop an IEP or 504 plan during the 2024-2025 school year — an 18 point increase from the previous school year. But there are legal concerns with using these tools, including compliance with student privacy laws (like the Family Educational Rights and Privacy Act (FERPA)) and disability rights laws (like the Individuals with Disabilities Education Act (IDEA)).
This brief provides background information on how AI plays a role in IEP development, highlighting the importance of ensuring that IEPs are properly individualized and accurate for disabled students. It analyzes the benefits and legal risks of using AI in IEP development, and discusses other concerns including accuracy and bias. Finally, it provides recommendations for teachers, school and education administrators, disabled community members, and tool developers, notably:
- Teachers should be mindful of whether their school has an agreement with a particular AI tool vendor — if not, teachers should not input any personally identifiable information into AI tools, and should exercise caution around use in general.
- Schools and school districts should engage in proactive communication to students and parents regarding use of AI tools in IEP development; provide trainings to teachers; create policies for the use of AI tools in IEP development that includes a requirement for human oversight; and consult compliance offices regarding any legal risks of using AI in the IEP development process, including risks under IDEA and FERPA.
- Disability community members should raise awareness to others in the community on the use of AI tools in the IEP development process, educate themselves and others on their rights under statutes like IDEA and FERPA, and take advantage of opportunities to voice concerns over the uses of these tools, including at school board meetings.
- Developers should conduct pre-and-post deployment audits of their tools, prioritize privacy, create policies that prohibit their models from soliciting personally identifiable information from users, ensure disabled people are included in their development process, and be transparent about their data practices.
By incorporating these recommendations, stakeholders can work together to ensure that any use of AI tools in the IEP development process is done in ways that are legally compliant, privacy protective, and respectful of the rights and needs of disabled students.
Read the full report.
