Key takeaways

• Three federal laws govern school AI use: FERPA protects student data, COPPA requires parental consent for under-13 users, and the TAKE IT DOWN Act mandates swift deepfake removal with penalties up to 3 years in prison

• FERPA compliance requires signed vendor agreements covering data use, security, and deletion timelines. Removing student names from prompts isn't enough

• Use a traffic-light system to classify AI tools: green for pre-approved use, yellow for tools requiring parent notification, and red for prohibited applications

• Include students on your AI policy team. They identify real usage patterns, emerging apps, and workarounds that adults typically overlook

• Treat deepfakes as safeguarding emergencies requiring immediate evidence preservation, technical detection, counseling support, and documented response protocols

AI regulations for education are evolving monthly. You need to understand new federal mandates, state-specific guidance, and laws on deepfake protection to keep students safe while enabling personalized learning.

In April 2025, the White House issued new requirements requiring schools to implement AI resources and policies within 180 days. Meanwhile, nearly all states have published AI playbooks, and the TAKE IT DOWN Act now makes schools responsible for addressing deepfakes.

3 laws protecting your students (What you have to do)

Before your school brings any AI tool into the classroom, all staff need to understand the laws protecting your students. The essential frameworks are FERPA, COPPA, and the new TAKE IT DOWN Act. Understanding each one keeps your school compliant and gives you the language to advocate for responsible AI in your school.

FERPA: What counts as compliant (It's more than removing names)

FERPA treats every piece of personally identifiable information in education records as confidential. When AI platforms need student data to personalize learning or track progress, you need written consent or confirmation that the vendor qualifies as a "school official."

Accurate FERPA compliance requires formal vendor agreements that:

• Clearly limit how student data gets used

• Enforce strong security measures

• Guarantee data deletion when you request it

Simply removing student names from AI prompts isn't enough. SchoolAI maintains full FERPA certification by establishing these formal agreements and limiting data collection from the start. When evaluating other platforms, verify they can provide documentation of these protections before uploading class rosters or student work.

Practical FERPA compliance steps:

• Verify vendors have signed agreements addressing data use, security, and deletion

• Check whether the tools store outputs that could identify students

• Confirm data handling practices before sharing any student information

COPPA: The under-13 rule and what it means for logins

COPPA applies to services directed toward children under 13 or when operators have actual knowledge of use by children under 13. If an AI tool requires individual student logins, you need verifiable parental consent first, regardless of whether the service is "directed at" children.

Safer alternatives include:

• Running tools through your teacher account without collecting additional student data

• Choosing platforms with transparent privacy notices and easy opt-out options

• Verifying minimal data collection practices before implementation

The TAKE IT DOWN Act: You're now responsible for deepfakes

Deepfake laws moved from proposed to enacted. The TAKE IT DOWN Act, signed into law in May 2025, prohibits the knowing publication of non-consensual intimate imagery (NCII), including AI-generated deepfakes. 

Schools now face direct accountability for swiftly removing such content when reported, with potential legal consequences for delayed action.

The law establishes a "reasonable person" standard for determining authenticity and carries penalties of up to three years in prison for violations. This creates immediate obligations for schools to:

• Maintain systems for reporting and removing deepfake content

• Document response procedures and timelines

• Train staff on recognition and removal protocols

• Address the psychological harm caused by deepfake harassment

Turn these requirements into teachable moments. When staff model consent protocols, data minimization, and media verification, students see responsible technology use in action. These moments build the digital citizenship skills students need for lifelong learning and civic participation.

Build your AI policy in 5 steps (Yes, include students)

Effective AI governance needs transparent processes and the right stakeholder involvement, including students, to create policies that teachers can actually implement.

Step 1: Assemble your team (don't skip students)

Build a diverse team that ensures both expertise and buy-in across your school community:

• Classroom teachers from multiple grade levels and subjects

• Administrators who understand policy implementation

• IT staff who can assess technical capabilities

• Students who bring a user perspective and digital fluency

• Parents who represent community values and concerns

The Innovate Ohio AI policy toolkit outlines five manageable steps that work for districts of any size: assess current usage, define core values, establish guiding principles, draft implementable policies, and create monitoring systems.

Step 2: Give students real decision-making power

Student perspectives strengthen governance decisions significantly. Digital leaders and student council representatives can identify issues adults might miss, like classmates using smart glasses to capture unauthorized video during discussions or new apps spreading through peer networks before teachers know they exist.

Create formal student advisory roles within your AI governance team. Student representatives can identify issues adults might overlook, like classmates using wearable devices to record without permission or new apps spreading through peer networks before teachers know they exist. These insights often lead directly to more practical policies that address real usage patterns.

Step 3: Use the traffic-light system (green, yellow, red)

Transform complex legal requirements into intuitive decisions for daily classroom use:

• Green tools like lesson planners and brainstorming aids receive pre-approval for immediate use

• Yellow tools, including adaptive quizzes and an analytics dashboard, require written parent notification before implementation

• Red tools such as automated essay grading and facial recognition systems remain off-limits until further review.

This color-coding approach keeps decisions transparent while empowering teachers to make informed choices quickly. Kentucky integrates AI literacy into its digital citizenship standards and requires traffic-light risk ratings for every classroom application.

Step 4: Handle wearables with extra caution

Wearable devices like smartwatches and AR glasses deserve special attention. These tools should default to "Yellow" classification until teams can review data collection practices and potential classroom distractions. Establish clear requirements:

• Visible indicators when devices are actively recording audio or video

• Specific authorization for accessibility purposes only

• Written parental consent is required before use on school grounds

• Regular risk assessments as device capabilities expand

Step 5: Turn legalese into one-page checklists

Transform dense legal language into one-page checklists that integrate seamlessly into lesson planning. Address FERPA requirements and state-specific rules using plain English that busy educators can reference during instruction. Governance experts recommend reviewing these materials at a minimum annually, since longer gaps leave schools exposed to outdated risks.

Review twice yearly (and share everything publicly)

Public access to school technology decisions is now expected across most states. Share meeting notes and actively invite community input during policy development. When families understand your decision-making process, they support implementation and report concerns constructively.

Schedule policy checkpoints at least twice yearly. Emerging AI features, new state mandates, or teacher feedback may all prompt revisions. Keep minutes, track decisions, and publish updates to maintain trust.

Deepfake emergency? Your response protocol

Deepfakes spread rapidly through school communities, but systematic detection and response protocols minimize damage before escalation.

Start with media literacy before deepfake detection

Start with classic examples like the Pacific Northwest Tree Octopus to help students practice source verification before introducing modern deepfake challenges. Use quick AI-powered discussion prompts to spark critical thinking about how synthetic media might evolve.

Weave media literacy into the existing curriculum rather than creating separate lessons. ELA and library standards already require analyzing digital sources for authenticity, providing ready-made alignment for teaching students to question, verify, and cite responsibly.

Spot a deepfake: 4 red flags to watch for

Detection technology continues improving, but can't catch every manipulated video or audio clip. Train all staff to notice common warning signs:

1. Mismatched lip movements or unnatural facial expressions

2. Inconsistent lighting or shadows across the image

3. Odd audio quality or timing issues

4. Unusual blinking patterns or eye movements

Quick verification techniques:

• Run reverse image searches on suspicious photos

• Cross-reference claims with multiple reliable sources

• Consult your IT team for technical analysis when needed

• Trust your professional judgment about content that feels "off"

Combine visual inspection with automated detection tools suitable for educational environments. Keep detection software updated regularly, deepfake technology is rapidly evolving, and older tools quickly become ineffective.

Your 4-step deepfake response checklist (Save this)

When suspicious content surfaces, implement this four-step response protocol:

1. Secure all evidence immediately. Create backup copies while instructing students to delete local versions and restricting access to shared network drives

2. Run comprehensive detection analysis. Document everything, including timestamps, tools used, and results obtained, in formal incident files for potential legal review.

3. Activate your response team. Contact digital safety coordinators and counseling staff immediately if students or staff members are targeted.

4. Escalate appropriately. Use detailed documentation to help district officials or law enforcement assess severe cases quickly and accurately.

Treat deepfakes as safeguarding, not just tech violations

The TAKE IT DOWN Act recognizes that deepfake harassment causes significant psychological harm. Treat these incidents under your school's safeguarding and well-being frameworks, not just as technology violations.

When deepfakes target students:

• Provide immediate counseling and emotional support

• Activate your crisis response team

• Document the incident comprehensively for legal purposes

• Focus on healing and empathy-building alongside accountability measures

• Communicate clearly with affected families about support resources

Turn students into your digital safety allies

Turn students into allies rather than passive recipients of digital citizenship lessons. Introduce them to the TAKE IT DOWN Act and invite thoughtful debate about ethical content creation, remix culture, and assessment of AI tools.

Consider student-led initiatives:

• Peer fact-checking clubs that verify viral content

• Digital media teams that create authentic school content

• Mentoring programs where older students guide younger ones

• Student voice in drafting social media policies

Proactive media literacy education completes your defense strategy. Digital literacy initiatives teach students to critically evaluate suspicious content before sharing it with peers. Schools implementing comprehensive digital citizenship programs report that students identify and flag fabricated content, giving administrators time to respond appropriately.

How SchoolAI supports compliance and personalized learning

SchoolAI offers a comprehensive suite of tools designed to help educators meet compliance requirements while fostering engaging, customized learning experiences. These features provide real-time insights and controlled environments, ensuring both data privacy and educational effectiveness.

Mission Control: Real-time insights without privacy trade-offs

Mission Control can help group students by demonstrating mastery within seconds, letting educators spend class time circulating among learners rather than organizing materials. Teachers can review individual progress throughout the period and export chat logs to share specific updates with parents, all while maintaining the documentation required for compliance audits.

Spaces: Controlled learning environments that satisfy regulations

Spaces provide the controlled environment that current regulations demand. Teachers design custom prompts, establish appropriate guardrails, and preview AI responses before students access the system. All exchanges stay within the platform, protecting privacy while delivering personalized feedback.

PowerUps and Agendas: Interactive tools within safe boundaries

PowerUps' interactive tools, like AI-generated flashcards, Planet Explorer, and document generators, transform passive content consumption into active engagement. These tools embed directly within Spaces, maintaining the same security and compliance standards.

Agendas scaffold lessons and track student mastery using clear benchmarks. Teachers can create step-by-step progressions that guide learners through complex topics, and SchoolAI tracks completion and understanding at each stage. This structured approach ensures students don't skip prerequisites while allowing them to move at their own pace.

Ready to lead? Your next steps

Federal mandates, state guidance, and the TAKE IT DOWN Act establish clear expectations for protecting students while integrating AI responsibly. Success lies in building governance structures that involve all stakeholders, especially students, and maintaining response protocols that prioritize both innovation and safety.

Stay informed, continuously refine strategies, and remember that technology should enhance human judgment in learning environments. Ready to lead the conversation in your district? Explore SchoolAI today and discover how thoughtful AI integration strengthens teaching while keeping student well-being at the center of every decision.