Ohio Revised Code Section 3301.24 requires each school district to adopt a policy on the use of artificial intelligence (AI) by July 1, 2026. However, the statute does not specify any requirements for the content of the policy. The statute also requires the Ohio Department of Education & Workforce (ODEW) to develop a model AI policy to address appropriate use of AI by students and staff for educational purposes. A school district may adopt ODEW’s model policy to comply with the statute. However, not all school districts are alike. Therefore, before adopting any AI policy, a school district may want to consider tailoring its policy to best meet the specific needs of the school district.
In January 2026, ODEW released its model policy. Like the statute, the model policy does not contain much in terms of specific procedures or standards, but it does highlight several important subjects for school districts to consider when formulating their own AI policies. These subjects are briefly outlined below, along with some related questions to consider.
- Consider the formation of an ongoing AI workgroup to inform AI policy implementation. Who should be included in the school district’s AI workgroup? Should the AI workgroup include Board members, parents, students, and/or local business representatives, as suggested by the model policy? How regularly should the AI workgroup meet?
- Ensure that the implementation of AI follows the school district’s existing data privacy and security policies and procedures (g., FERPA policies and procedures). What risk does the adoption and implementation of AI pose to the school district’s data privacy and security? Does the school district need to update and revise its existing data privacy and security policies and procedures based on the adoption and implementation of AI?
- Select and conduct the procurement of AI tools in accordance with the school district’s instructional and operational goals and existing procurement policies and procedures. What are the school district’s operational and instructional goals with respect to AI? How should the school district evaluate which AI vendors to use? Require certain certifications? Should the school district update and revise its existing procurement policies and procedures to address AI-specific concerns?
- Require that AI be used in an ethical manner and only to support learning and teaching. Prohibit the use of AI as a substitute for student learning or educator instruction. What does the school district consider to be ethical and unethical use of AI? How will the school district analyze AI output, as recommended by the model policy?
- Clearly articulate expectations for acceptable student use of AI and specify AI use requirements and/or restrictions on such use for student assignments. The District should clearly communicate to students which specific district-provided AI tools are approved for use. How will the school district communicate these expectations? What exactly will the school district consider acceptable use and how will that be determined? How will the school district provide appropriate AI tools to students?
- Specify procedures for investigating and addressing suspected misuse of AI in accordance with the district’s existing policies and procedures governing academic integrity. Who will investigate suspected misuse of AI? How will such suspected misuse be investigated exactly? Should the school district update and revise its existing academic integrity policies and procedures to address AI-specific concerns?
ODEW’s model policy is a good starting point for school districts – but each school district will likely need to address how it will adopt and implement AI based on the school district’s specific values, goals, and resources. Daniel S. Burley and Weston Hurd’s Education Law Group are available to assist you with formulating, adopting, and implementing an AI policy that meets your school district’s specific needs. If you have any questions, please contact us.
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