OCR: Schools Should Be Wary of Discriminatory AI Outputs  

Artificial intelligence-enabled tools can do all sorts of helpful tasks. But AI is trained on existing (human-generated) data and language and can therefore include biases. And its methods rely on probability and can therefore include mistakes. The Department of Education’s Office of Ed Tech has useful explanations and resources in this blog post. Given these risks and the increasing use of AI in education, the Office for Civil Rights issued guidance on Avoiding the Discriminatory Use of Artificial Intelligence. The guidance includes multiple scenarios that OCR advises would likely cause it to open an investigation related to potential discrimination based on disability, sex, race, national origin, or a combination of bases.  

OCR Reviews Use of Restraint and Seclusion of Students with Disabilities

On May 24, 2022, the U.S. Department of Education’s Office for Civil Rights (“OCR”) announced that it resolved a compliance review of a South Carolina school district’s use of restraint and seclusion of students with disabilities. The investigation highlights OCR’s position that frequent or improper restraint and seclusion may deny students with disabilities a free, appropriate public education. As we prepare for the 2022-2023 school year, school districts should conduct a thorough review of their policies and procedures regarding the use of restraint and seclusion to ensure that they are clear, current, and compliant.