EdLawConnect Blog

Two recent federal lawsuits filed against school districts in Lawrence, Kansas and Marana, Arizona highlight emerging legal challenges surrounding the use of AI surveillance tools in the educational setting. Both cases involve Gaggle, a comprehensive AI student safety platform, and center around similar allegations: students claim that their respective school districts violated their constitutional rights through broad, invasive AI surveillance of their electronic communications and documents. These lawsuits represent a new legal frontier in which traditional student privacy rights collide with school districts’ reliance on generative AI to monitor students’ digital activity.

Despite concerns among educators regarding students’ use of AI, educators themselves are increasingly relying on AI tools. A recent incident at Northeastern University and the resulting fallout serve as a reminder that the absence of clear, comprehensive AI policies or guidance can lead to conflicts between educators and students.  As generative AI becomes increasingly sophisticated and accessible, educational leaders must proactively address these emerging issues before they lead to formal complaints or become part of the news cycle.

In an era where generative AI tools are becoming more and more prevalent in academic settings, school districts throughout the country are grappling with the issue of how to address their use by students.  A recent lawsuit filed in Massachusetts has brought this challenge into sharp focus, underscoring the urgent need for districts to develop and implement comprehensive AI policies. 

A recent case out of the Unites States Court of Appeals for the Eleventh Circuit held that Title IX does not provide an implied right of action for sex discrimination in employment. This holding provides increased protection for educational institutions who are navigating the vast world of Title IX.