Model State Bill: The Use of Artificial Intelligence in K–12 Schools

Model State Bill: The Use of Artificial Intelligence in K–12 Schools

Sep 28th, 2026 9 min read

The state legislature of [state] seeks to equip families, students, and educators to choose whether and how to use artificial intelligence (AI) as part of instructional practices for grades K–12. The legislature requires the following provisions as specified for the state department of education, state board of education, and local education agencies.

  1. The state neither requires nor prohibits the use of AI tools in public schools. Each local education agency (LEA) that elects to allow student use of AI tools, however, shall offer:
    1. Basic techniques or guidance for students through classroom instruction on how to effectively and safely use such AI tools such:
      1. drafting proper prompts for AI tools;
      2. generating media including images, audio, video, and data visualizations, for academic projects;
      3. editing student research and writing;
      4. detecting and identifying bias and inaccuracies;
      5. fact-checking AI responses including cross-referencing sources for AI-generated information;
      6. creating a subject-specific or task-oriented agent; and
      7. evaluating the strengths and weaknesses of different models for different tasks.[REF]
    2. Professional development for teachers that includes basic techniques consistent with 1(a).
  2. Each local education agency shall adopt policies that:
    1. Determine whether student use of AI for schoolwork and homework and on school-issued devices and networks is allowed;
    2. Allow student use of AI for schoolwork and homework only when teachers permit such use;[REF]
    3. Develop policies regarding use of AI chatbots for assignments;
      1. LEAs are not required to permit use of AI chatbots;
    4. Require students to explain how AI was used to complete a school assignment as part of that assignment;[REF]
    5. Are consistent with [state data privacy laws] including prohibitions on
      1. Vendors engaging in targeted advertising on an operator's site or application;[REF]
      2. Vendor use of student information, including unique identifiers, created or gathered by an operator's site, service, or application to amass a profile about a student except in furtherance of school purposes;[REF] and
      3. Schools or vendors selling or renting a student's information including covered information.[REF]
    6. Require LEAs to evaluate current privacy rules and, if they find them lacking, to create new rules for AI uses;
    7. Require LEAs to obtain verifiable parental consent after providing documentation containing clear and conspicuous information about the AI tool, what it is used for, what data are collected, and how they are stored and shared before allowing students to use AI tools for schoolwork and within classroom and library settings;
    8. For parents who do not consent, provide alternative means for students to complete their academic assignments including but not limited to internet search engines, word processing tools, handwriting tools, and library access;
    9. Permit use of AI tools by teachers and school administrators to assist with monitoring academic progress, developing lesson plans, and personalizing student learning plans with such AI tools to be consistent with prohibitions listed under Section 2(e).
    10. Require that teachers review AI-generated materials and grading before finalizing and distributing materials and grades to students and their parents.
  3. The state legislature of [state] prohibits the use of AI personal companions on school-issued devices and networks.
  4. The [department of education/state board of education] shall provide guidelines to LEAs on the use of AI tools that:
    1. Prioritize human-centered learning and oversight, transparency, safety, and data security;[REF]
    2. Define appropriate and prohibited uses of generative AI for instructional, administrative, and communication purposes;[REF]
    3. Include safeguards for student privacy, data security, accessibility, and academic integrity;[REF]
    4. Enable tech literacy rather than tech dependence;
    5. Include generative AI literacy standards including the knowledge and skills required to understand what generative AI is, how it works, age-appropriate uses, prohibited uses, and how to use it ethically, securely, and transparently;[REF] and
    6. Include a generative AI guidance document to support transparency and public understanding of generative AI in public education.
  5. All generative AI-related software, applications, and tools procured by local education agencies and public charter schools shall comply with state and federal data privacy laws including the Family Educational Rights and Privacy Act, Children’s Internet Protection Act, and Children's Online Privacy Protection Act. Vendors shall disclose whether products use machine learning, predictive analytics, or generative AI and shall provide assurances regarding data protection, algorithmic transparency, and responsible use.[REF]
  6. The [department of education/state board of education] shall:
    1. Collect from LEAs information on student use of AI including but not limited to time spent using AI, types of assignments with AI use, the AI tools used, and frequency or number of assignments requiring AI;
    2. Collect from LEAs information on evidence of student cheating using AI; and
    3. Publish an annual report with findings and statistics on provisions (a) and (b).
  7. Definitions
    1. “AI tools” means artificial intelligence technology including but not limited to a machine-based system that uses natural language processing, responds to prompts, and makes predictions and recommendations.
    2. “AI chatbots” means any interactive computer service or software application that—
      1. generates responses that are not fully predetermined;
      2. accepts open-ended, natural-language or multimodal user input and produces adaptive or context-responsive output;
      3. does not include an interactive computer service or software application
        1. the responses of which are limited to contextualized replies; and
        2. that is unable to respond on a range of topics outside of a narrowly specified purpose; and[REF]
      4. does not include a tutoring system that assists students with problem-solving practice, provides feedback on specific steps and submitted answers, and personalizes problem sets, tasks, and assignments.[REF]
    3. “AI personal companion” means an artificial intelligence chatbot designed for the primary purpose of simulating interpersonal and emotional interaction, friendship, companionship, romantic relationships, or therapeutic relationships with a user.
    4. “Generative systems” or “generative AI” means artificial intelligence models that use machine learning, are trained on large volumes of data, and can generate new content. When prompted, generative AI can create various outputs including text, images, videos, computer code, and music.[REF]
    5. “Local education agency” means a school district that is a political subdivision of this state with geographic boundaries organized to administer and operate the public schools in this state.[REF]
  8. Rule of Construction: Nothing in this act shall be construed to require a local education agency to integrate AI into its instructional practices.
  9. Severability: The provisions of this act are hereby declared to be severable, and if any provision of this act, or the application of such provision to any person or circumstance, is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.