Executive Summary
Addressing artificial intelligence, student discipline, and surveillance in public schools
Background
In 2024 the Office of Superintendent of Public Instruction (OSPI) published guidance for K–12 schools on using artificial intelligence responsibly. The document includes:
- A decision-making framework
- Definitions, guiding principles, and values
- Classroom use guidelines
- Ethical considerations
Student Discipline
State law requires school boards to adopt written rules on student conduct, discipline, and rights aligned with federal and state law and Washington State School Directors’ Association (WSSDA) model policies. Rules cover emergency removals, suspensions, and expulsions. Existing student privacy protections and AI guidance do not directly address the use of artificial intelligence, machine learning systems, or surveillance technologies used for discipline-related decisions in schools. Black, Native American, Pacific Islander, and Hispanic/Latino students are also more likely than their white peers to be suspended and expelled in Washington State.Facial Recognition Restrictions
State and local agencies are prohibited from using facial recognition for ongoing surveillance, real-time identification, or persistent tracking unless a warrant, exigent circumstances, or court order exists for locating missing or deceased persons.Summary
Facial Recognition in Schools
Without exception, school districts may not use a facial recognition service to engage in ongoing surveillance, conduct real-time or near real-time identification, or start persistent tracking of students.Prohibited Activities
School districts, charter schools, and state‑tribal education compact schools must not:- use an automated decision system (ADS) as the sole or determinative basis for any student discipline‑related decision;
- impose emergency removal, suspension, or expulsion; refer a student to law enforcement; or assign a student to an alternative education setting based solely on:
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- a prediction, score, or classification generated by an ADS; or
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- data from school surveillance technology without independent human investigation and consideration of context;
- use an ADS to generate a risk score or similar predictive classification for an individual student;
- maintain internal lists or watchlists of students based on an ADS;
- enter into a contract with a vendor or school service provider that requires or authorizes the provider to engage in any of these prohibited activities; and
- use biometric data to generate or infer emotional states, mental health conditions, sexual orientation, gender expression, gender identity, or other sensitive psychological or personal characteristics of a student.
Existing State & Federal Laws
Student personal information obtained through an AI system, automated decision system, or school surveillance technology may be disclosed to law enforcement only when it is required by state or federal law or regulation or there is an imminent likelihood of serious physical harm on school grounds or at a school-sponsored event, and the disclosure is limited.Office of the Superintendent of Public Instruction (OSPI) Guidance
During its regular review cycle, OSPI must, in consultation with students, families, educators, and certain communities, update its guidance on AI in K-12 education to reflect these prohibitions and requirements, and to address the use of these technologies in connection with student discipline-related decisions and school safety.School District Policies
By February 1, 2027, WSSDA must develop a model policy and procedure that school districts, charter schools, and state-tribal education compact schools may adopt or adapt to implement the requirements.Ways to Get Involved
Steps to Get Started
- Learn where the bill is in the legislative process.
- If there is an upcoming hearing, decide how you would like to get your voice heard and take action.
- If there is not an upcoming hearing, or if you want to supplement your advocacy, call or write your legislators.
- Spread the word and get other people on board.
Participating in a Hearing
Sign in Pro, Con, or Other
This is when individuals, advocates, and organizations make their position on a particular bill known for the record. This is particularly powerful in large numbers. Many organizations will send out Action Alerts asking people to sign in Pro or Con on a bill.
Submit Written Testimony
Submitting written testimony is a great way not only to make your position known to legislators but also to explain why in more detail. This is a good option if you don’t want to speak in front of others. People also like to offer more nuance to their position by writing.
Testify Virtually
Since COVID, many legislators are allowing remote/virtual testimony for bill hearings, as it greatly expands access to the legislative process across the state. For this, individuals usually have between 1-2 minutes to state their opinion on a bill in front of the legislative committee on Zoom.