Florida to Regulate AI from Pre-K to Ph.D

Florida state bodies governing public education from pre-K through Ph.D. programs are implementing policies to address the safety and classroom use of artificial intelligence. The Florida Board of Education will vote on September 16 on a rule directing K-12 public schools, charter schools, and state colleges to regulate AI use.

According to a draft of the rule obtained by the Florida Phoenix, districts and charter schools must establish policies to protect students, parents, and instructional personnel from unlawful, deceptive, unsafe, or unauthorized uses of AI systems, services, applications, and tools used in connection with educational programs and operations in Florida public schools. The rule aims to ensure approved AI use protects education records and student information while supporting student achievement, civic literacy, academic excellence, and workforce preparedness. It is not expected to require legislative ratification and would need adoption by local school boards by July 1, 2027.

Parental Notification and Protections

A core component of the proposed K-12 policy is parental notification. Schools would be required to inform parents whenever a teacher approves an AI instructional tool for classroom use. This notification must include the platform's name, the classes where it will be used, and the nature of student interaction with the tool.

The policy must also establish a process for parents to object to AI use and provide alternatives. The Florida Education Association supports guidelines centered on protecting children. "Every parent and guardian wants their child to succeed in their public schools." FEA President Andrew Spar said in a statement.

Banned Uses and Teacher Safeguards

The draft regulation explicitly bans several uses of AI in schools. Schools would be prohibited from deploying AI to meet a student's social or emotional needs, including Social Emotional Learning. AI cannot be used to simulate friendship, companionship, or an emotional relationship with a student. Tools are also barred from employing relationship-building or anthropomorphic design features to encourage continued student interaction.

The rule includes language to protect the teaching profession, stating AI tools must supplement, and not replace, teacher judgment and the primary right of parents to direct their children's education. It mandates training for teachers and administrators on AI safety, risks, and compliance. Policies must also address plagiarism, permissible classroom use, verifying student work, and demonstrating mastery without AI.

Data and Accessibility Requirements

Approved AI instructional tools and policies must be made publicly available. Tools must maintain a record of student interaction for at least 30 days to ensure accessibility for parents and district administrators. However, data collected on students cannot be used for profit or to profile students for training commercial AI models.

The policy requires AI tools to be accurate, transparent, viewpoint neutral, and accessible to students and educators with disabilities. Schools must conduct additional reviews for AI tools used in pre-K through fifth grade to ensure they are age-appropriate.

College System Rules

The Florida Board of Education's September 16 agenda also includes AI rules for the state's 28 colleges. Responsibility for creating these policies would fall to each college's board of trustees. The state expects policies that ensure educational quality, operational efficiency, and a safe learning environment.

Mirroring the K-12 prohibitions, college AI instructional tools could not meet a student's social needs, simulate emotional relationships, or use anthropomorphic design to encourage interaction. College policies must protect student privacy, allow for parental notification for minors in college classes, and address academic integrity. They are also directed to build a framework to help students understand AI and develop related skills.

Separately, the Florida Board of Governors, which controls the state's 12 public universities, will review language next week directing each campus to establish policies requiring all course syllabi to include a disclosure of faculty use and permitted student use of artificial intelligence. This stems from the work of the Task Force on Artificial Intelligence and Cybersecurity, which the Board of Governors created earlier this year to address AI's permeation into higher education.