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.