States are defining what AI will look like in practice across K12 and higher education, building policy infrastructure that reflects both the technology’s reach and its risks.
A new national overview from the Education Commission of the States spells out how public officials are issuing guidance, installing guardrails and coordinating across sectors to align AI use with school strategy and workforce demand.
Arkansas, Illinois, Ohio and Tennessee now require public school districts and postsecondary institutions to adopt formal policies governing acceptable AI use. At the same time, at least 35 states have issued some form of guidance ranging from short advisories to full frameworks.
Taken together, these efforts converge on a shared set of priorities that promote human decision-making, student AI literacy, safety and data protection.
State AI policy: Minimizing risk
States have laid the groundwork to address AI’s potential downsides, particularly its implications for jobs, data privacy and student well-being.
A New York Senate bill signed in January prohibits educational institutions from using AI in ways that eliminate job functions or shift responsibilities away from employees.
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Cybersecurity and privacy are also rising quickly on the agenda, with lawmakers introducing hundreds of related bills in 2024. At least 29 became law, mandating new requirements for risk assessments. Indiana, for example, now requires institutions connected to state systems to complete recurring compliance reviews beginning in 2027.
Perhaps the most successful legislative efforts have been linked to curbing student cyberbullying or sexual misconduct. About 43 states have passed laws targeting AI-generated deepfakes, often linking them to cyberbullying or sexual misconduct policies.
AI literacy becomes core to instruction
Even as states regulate risk, they are investing in students’ competency with AI. A growing number of policies require AI literacy for both students and educators, often embedded into computer science standards or professional development mandates.
Texas now requires certified AI training for certain school staff, while Utah and Virginia are incorporating AI concepts into statewide standards. Maine is encouraging K12 districts to root all technology education in foundational computer science concepts.
Grant programs are also emerging to seed innovation, with states such as New Jersey funding pilot districts and career pathways in AI and robotics.
Encouraging human agency
States are drawing a clear line around human authority. Many of the emerging laws and guidelines explicitly require a human decision-maker to oversee or finalize any action supported by AI.
Nevada now requires all mental health counselors and related staff to develop policy for AI use, ensuring no technology performs the functions or duties of a human staff member.
Arkansas state policy states that a human employee must be designated as the final decision-maker behind any authorized use of an AI tool.
This guidance reinforces that these tools are meant to augment—not replace—educators and staff.
Alcino Donadel is a DA staff writer and Florida Gator alumnus. A graduate in journalism and communications, his beats have ranged from Gainesville's city development, music scene, and regional little league sports divisions. He has triple citizenship from the U.S., Ecuador, and Brazil.