Legislative sessions are known to many as the roller coaster of the year (or maybe just us politics nerds). In some areas of the country there is progress in education, in others the pendulum swings back to a nod of yesteryear, especially when it comes to technology in education.
There are, of course, many areas of education that we could examine in terms of legislative education policy, but the two biggest issues to consider today in terms of edtech are classroom technology and AI.
Edtech Legislative Policy: Technology in the Classroom
Teachers are fed up with the distractions of mobile phones in the classroom. Most conversations about how to address these devices in the classroom have been at the district level, but this year we saw both South Carolina and Florida introduce bills related to banning cell phones in classrooms.
SC H3293 proposed to examine the use of wireless electronic communication devices, and whenever districts prohibit the use of such devices in classrooms and gymnasiums during periods of academic instruction. The bill was only referred to the first committee and was not put to a vote during the session, but it is very likely that the bill will be introduced again in the next session.
In Florida, the Governor signed HB379which prohibits a student from using a wireless communications device during instructional time, except as directed by a teacher for instructional purposes, and requires the teacher to designate an area for such devices during instructional time.
Bans on the use of cell phones come for different reasons. In South Carolina, this was a standalone bill intended to prevent cell phone use during instructional time to limit distractions. In Florida, this measure was formed as part of a social media/mental health bill that also:
- Limit student access to only age-appropriate subjects and materials.
- Protects student safety when using email and other forms of direct electronic communication.
- Prohibits access to data or information and other illegal online activities by students.
- Prevents access to websites, applications, or software that does not protect against the disclosure, use, or dissemination of students’ personal information.
- Requires each district school board to prohibit and prevent students from accessing social media platforms through the use of school district-provided Internet access, except as expressly directed by a teacher for educational purposes only.
- Requires each school district to prohibit the use of the TikTok platform or any successor platform in access to the Internet provided by the school district or as a platform to communicate or promote any district school or school activity.
Whatever the reason, this is a big problem to keep watching in 2024.
AI Policy in Education
We’ve seen so many new and emerging technologies in the last decade, and with each one comes the Wild West for state policymaking and the fear that lawmakers who don’t know much about a technology will now try to regulate it.
More recently, this has happened with data privacy, cryptocurrencies, and the blockchain. For example, data privacy remains a huge issue for policymakers, and while every state has something on the books, they are still trying to refine legislation to address needs as new threats emerge.
We have now entered the age of policy makers and AI. In fact, this year at least 15 states have introduced a bill related to artificial intelligence. Bills vary widely in subject matter and goals, but 2024 will see a spate of more legislation that will attempt to investigate and regulate the use of AI when it touches any part of government.
Most of the policy introduced on AI is to form a task force or study the implications, risks and benefits of generative AI when it comes to state agencies. For example, New Jersey A168 would have required the Commissioner of Labor and Workforce Development to conduct a study and issue a report on the impact of artificial intelligence on the growth of the state’s economy; however, it did not happen.
The Governor of Connecticut signed SB1103which provides that beginning February 1, 2024, the Department of Administrative Services will conduct ongoing evaluations of systems that employ artificial intelligence and are in use by state agencies to ensure that no such system results in unlawful discrimination or an uneven impact.
Louisiana sent a concurring resolution (SRC 49) to the Secretary of State urging and requesting the Joint Legislative Committee on Technology and Cybersecurity to study the impact of AI on operations, procurement and policy, and submit a written report of its findings to the House Committee on Commerce and the Committee of the Senate on Commerce, Consumer Protection and International Affairs no later than sixty days before the start of the 2024 Regular Session of the Louisiana Legislature.
The idea of this session across the board was not to regulate AI, but to better understand the impacts on AI in the public space.
The recommendations of these working groups and assessments will undoubtedly lead to further legislation being introduced in 2024. (If you are interested in following AI in education topics next year, please bookmark market mania on K20Connect, as we will be following this issue closely!)
The use and impacts of AI have not only been dominating the education conversation at the state level, as federal legislators have introduced various bills and the US Department of Education has also issued guidance on AI. , stating three reasons to start studying AI now:
- AI can enable education priorities to be met in better ways, at scale, and at lower costs
- Urgency and importance arise through awareness of system-level risks and anxiety about potential future risks
- The scale of possible unintended or unexpected consequences
Looking Ahead of the 2023-24 Legislative Sessions
Every year promises to bring surprises as far as policymakers are concerned. Some are encouraging, while others bring disappointment. Always remember that policymaking is a long game, and your voice is critical in transforming education to serve each and every student well.
These issues and more will come up next year, and we’ll be ready to share, report, and advocate with you!
