Artificial intelligence (AI) is rapidly transforming the educational landscape, creating new opportunities—and new legal challenges—for schools, teachers, and students. From AI-powered tutoring and lesson planning to automated writing assistance and accessibility tools, educational institutions across New York are increasingly integrating AI into teaching and learning.

However, as AI adoption grows, so do concerns surrounding student privacy, academic integrity, copyright, discrimination, special education compliance, and liability. Understanding the legal implications of AI use in schools is essential for educators, administrators, students, and families seeking to balance innovation with responsibility.

Legal Implications Related to AI in Schools

Student data privacy and security is arguably the most significant legal concern related to AI use in schools. For example, a teacher copies a student’s essay into a public AI chatbot to receive feedback. If the student’s personally identifiable information is included, the district could face privacy concerns if the tool stores or uses that data. Schools often restrict AI tools that cannot demonstrate compliance with student privacy requirements.

There are several legal risks related to AI use in schools, including:

• unauthorized disclosure of protected student information;
• vendor contract violations;
• regulatory investigations or complaints;
• parent challenges regarding student data use, among others. [nysed.gov]

When teachers or students use AI tools, they may inadvertently share student information with third-party vendors, therefore schools must ensure compliance with:

• Family Educational Rights and Privacy Act (FERPA);
• Children’s Online Privacy Protection Act (COPPA); and
• New York Education Law § 2-d, which governs student data privacy and security requirements for educational agencies and vendors.

Academic Integrity and Student Cheating

AI also raises questions about student authorship and academic honesty, so schools may need to establish policies that:

• prohibit AI on certain assignments;
• require disclosure of AI assistance;
• treat undisclosed AI-generated work as plagiarism or cheating; or restrict AI during examinations and assessments.

Therefore, students may face grade penalties, academic discipline, loss of credit, or honor code violations if their use of AI violates district policies, school rules, or academic integrity standards.

Implications Related to AI Use in the Classroom

Teachers who rely on AI-generated grading or feedback could face professional concerns if they fail to exercise independent judgment. For example, New York City Public Schools’ guidance specifically stresses that human review must remain central.

AI-generated content creates unresolved legal questions regarding ownership, licensing, and fair use for both students and teachers.

Potential issues arise when students:

• submit AI-generated text as original work;
• use AI-generated images without understanding licensing restrictions; or
• incorporate copyrighted materials generated or reproduced by AI.

Potential concerns for teachers include:

• using AI-generated materials that may incorporate or reproduce copyrighted content in classroom materials;
• uploading copyrighted textbooks, articles, or educational content into AI systems; or
• creating instructional materials that may incorporate copyrighted works without permission.

While copyright law in this area continues to evolve, schools are increasingly encouraging proper attribution and disclosure of AI assistance.

Bias, Discrimination and Legal Risks Related to the Use of AI

AI systems may produce biased outputs based on the data used to train them, and educational leaders in New York have highlighted concerns regarding:

• equity;
• access;
• fairness;
• representation; and
• digital inclusion.

Schools could also face legal challenges if AI systems contribute to discriminatory outcomes involving:

• race;
• national origin;
• disability;
• gender; or
• other protected classifications.

In the context of special education and disability rights, AI-powered accessibility tools can provide valuable support for students with reading challenges, writing assistance needs, speech-to-text functionality, and language support, however, students with disabilities may have legal rights related to assistive technologies under:

• the Individuals with Disabilities Education Act (IDEA);
• Section 504 of the Rehabilitation Act; or
• Americans with Disabilities Act (ADA).

Further, schools must consider their obligations under IDEA, Section 504, and the ADA when evaluating whether AI-enabled assistive technologies are necessary accommodations for a student.

At the same time, districts must ensure that AI does not replace required human evaluation or decision-making in special education processes. NYC Public Schools Guidance on Artificial Intelligence, for example, identifies development of IEPs and 504 plans as a prohibited AI use case and requires human decision-making in these special education processes.

Teacher Evaluation and Professional Responsibility

Teachers remain professionally responsible for their instructional decisions, even when using AI. If a teacher uses AI to generate lesson plans, create assessments, draft student feedback or develop instructional materials,  they are still accountable for accuracy, fairness, and educational quality. New York guidance emphasizes that AI outputs can be inaccurate, biased, or fabricated , requiring human review.

Problems may arise if:

• students receive inaccurate information;
• grading becomes inconsistent;
• biased recommendations affect instruction; or

required professional judgment is delegated to AI.

Schools could face liability risks where AI contributes to privacy violations, discriminatory outcomes, inadequate supervision, or other harms, although legal standards for AI-related liability in K-12 education are still developing.

Potential liability issues include:

• harm resulting from inaccurate AI-generated information;
• failure to supervise student use of AI;
• improper disclosure of student data; or
• overreliance on automated systems for important decisions

Potential Legal Issues for Students, Teachers

For both students and teachers, the biggest legal issues surrounding AI in New York schools include:

• privacy and data protection (FERPA, COPPA, Education Law § 2-d);
• academic integrity and plagiarism;
• bias and discrimination concerns;
• special education and accessibility obligations;
• teacher accountability and professional judgment; and
• liability arising from improper AI use.

Real-World Example: The Debate Over AI Teaching Assistants in New York Schools

The legal and ethical concerns surrounding AI in education are not merely hypothetical. As recently reported, the Salamanca City Central School District in Western New York in July 2026 announced plans to introduce an AI-powered humanoid teaching assistant named “Sally” and a related AI-tutoring platform for certain high school classes. District officials stated that the technology was intended to support—not replace—teachers by providing personalized educational assistance and helping students learn about artificial intelligence.

However, the initiative quickly generated public scrutiny and raised questions regarding student privacy, data security, AI oversight, and the potential impact of AI technologies in the classroom. Following concerns expressed by parents, educators, and New York State Education Commissioner, the district paused the project while it worked through enhanced student data privacy agreements and further review processes

The Salamanca AI-situation illustrates many legal issues, including compliance with student privacy laws, the need for transparency when implementing AI tools, appropriate human oversight, and the importance of establishing clear policies before introducing emerging technologies into educational settings. As schools continue to explore AI-powered solutions, similar questions are likely to arise across New York and throughout the nation.

When to Consult an Education Attorney

As AI technology continues to evolve, so too will the legal and ethical considerations surrounding its use in education. Schools that establish clear policies, provide appropriate training, and prioritize human judgment will be best positioned to harness the benefits of AI while minimizing legal risks.

Because AI regulation is rapidly evolving, school districts should consult legal counsel regarding applicable federal, state, and local requirements before implementing AI-related policies.

Although AI can be a valuable educational tool, students may require legal counsel when AI-related issues result in disciplinary proceedings, academic misconduct allegations, privacy violations, disability accommodation disputes, or other situations in which their legal rights or educational opportunities may be affected.

The law governing artificial intelligence continues to evolve, and the specific legal implications of AI use may vary depending on the facts of each situation, applicable school policies, and changes in federal or state law.

Tully Rinckey’s education attorneys will handle your matter with the attention and tact it deserves. If you have additional questions about your student’s rights, or if you are a teacher with AI legal questions, our team of attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

Greg T. Rinckey is one of Tully Rinckey PLLC’s two founding partners. He worked with Founding Partner and fellow Hofstra University alum Mathew B. Tully in 2004 to build the firm from the ground up into the coast-to-coast, full-service powerhouse that it is today. As Founding Partner, Greg collaborates with Mat in all areas of strategic planning and law practice management to develop and deploy innovative business solutions that continue to grow the firm.