New survey and legal research push education and privacy advocates to urge the White House and Department of Education to prioritize students’ civil rights in the age of AI
(WASHINGTON) — The Center for Democracy & Technology (CDT) has released new survey results and legal research revealing that new and long-standing technologies used in schools continue to harm student privacy and equity, but schools have the power to use existing civil rights laws to identify and prevent discrimination on the basis of race, sex, and disability.
Amid high and increasing levels of parental concern about school data practices, the survey report highlights how technologies such as online monitoring and content filtering and blocking software are increasing students’ encounters with law enforcement and other disciplinary actions — often resulting in disparate impacts on the basis of race, sex, and disability. The results also show a lack of school guidance on responsible use of generative AI, despite its quick emergence in education.
“For the second year in a row, we found that schools are failing to use technologies in responsible ways that respect students’ rights. Students, parents, and teachers must have a voice — and receive support — in ensuring the responsible use of technology in schools,” says CDT President and CEO Alexandra Reeve Givens. “The Department of Education has the authority to clarify, provide guidance, and enforce decades-old civil rights protections to the use of technology in schools. As we approach the one-year anniversary of the White House’s Blueprint for an AI Bill of Rights, now is the time to act.”
CDT’s new survey research shows that:
- 50% of teachers think content filtering and blocking software is stifling students’ growth;
- Two-thirds say that students got in trouble as a result of AI-driven student activity monitoring, or in reaction to being confronted about a monitoring alert;
- 38% of teachers report that they know a student who has been contacted by law enforcement because of online monitoring; and
- 50% say that they know of students who have gotten in trouble for using generative AI.
“What’s disheartening is that another year has gone by, and students at Title I schools, students with disabilities, and LGBTQ+ students continue to bear the brunt of irresponsible data and technology use and policies in the classroom and at home,” says Elizabeth Laird, Director of the Equity in Civic Technology Project at CDT. “This is alarming given that schools say they use technologies to keep all students safe and enhance their learning experience. As students enter the age of AI, they need better from their schools.”
CDT’s findings reveal that Title I and licensed special education teachers are more likely to report that their schools filter and block online LGBTQ+ and race-related content, amounting to a digital book ban. Additionally, LGBTQ+ students report being disciplined more than their peers as a result of student activity monitoring, and licensed special education teachers report that their students face higher incidents of law enforcement contact. CDT’s legal research report shows that common discrimination claims that have historically been made against schools are very much relevant and applicable to uses of technology, both old and new.
In response to CDT’s new survey research and legal analysis of the Department of Education’s ability to address civil rights harms resulting from technologies, a coalition of high-profile civil society organizations have sent a letter calling for the U.S. Department of Education to issue guidance on how schools can identify and prevent discrimination against protected classes of students. The letter was sent to the U.S. Secretary of Education, the Director of the White House Office of Science and Technology Policy, and copied numerous White House officials leading the Biden Administration’s work on AI and civil rights.
The coalition letter has so far been signed by: American Association of School Librarians (AASL), American Civil Liberties Union (ACLU), American Library Association (ALA), Autistic Self Advocacy Network (ASAN), Bazelon Center for Mental Health Law, Center for Learner Equity, Council of Parent Attorneys and Advocates (COPAA), Disability Rights in Education Defense Fund (DREDF), Educating All Learners Alliance, Electronic Frontier Foundation (EFF), Electronic Privacy Information Center (EPIC), Fight for the Future, GLSEN, I Vote for Me, InnovateEDU, LGBT Tech, National Center for Learning Disabilities (NCLD), and Next Century Cities.
Last year, CDT sent a letter to the U.S. Department of Education raising similar concerns about ways that educational technologies potentially infringe on civil rights.
The research report was generated based on nationally representative surveys of teachers, parents, and students. You can access the full text of the research report and summary brief here and the full text of the legal research report here.
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The Center for Democracy & Technology (CDT) is the leading nonpartisan, nonprofit organization fighting to advance civil rights and civil liberties in the digital age. We shape technology policy, governance, and design with a focus on equity and democratic values. Established in 1994, CDT has been a trusted advocate for digital rights since the earliest days of the internet. The organization is headquartered in Washington, D.C., and has a Europe Office in Brussels, Belgium.