Virginia's K-12 public schools would get state guidance on artificial intelligence tools under a proposal being considered by Gov. Abigail Spanberger.
The Virginia General Assembly overwhelmingly approved legislation to require the state Department of Education to provide local school districts with guidelines for "the safe, ethical, and equitable use" of AI systems.
The House of Delegates voted 95–0 in favor of both HB1186 and SB394. The state Senate voted 37–2 for SB394 and 38–1 for HB1186, with Sen. Danica Roem (D–Prince William) the only "no" vote on both bills.
VDOE's guidance would have to be posted online and cover several key areas that lawmakers targeted, including student data privacy, training for teachers and protections against AI bias.
Natasha Heny, an associate professor at the University of Virginia School of Education and Human Development, serves as a faculty "AI Guide," working on AI-related committees focused on the technology's implications in teaching and learning.
With reports showing more students are using AI for schoolwork, some divisions have already adopted policies to establish guardrails. Amid fears of the potential risks of AI and how tools such as chatbots impact students, Heny said state guidance could offer relief to educators and students.
"They don't want just guidance, but they want reassurance," she told VPM News.
Heny said educators are offered products from tech companies that could seem like "miracle workers," but most teachers aren't able to properly evaluate the tools.
"My hope is that these guidelines will put into place structures that will provide school systems with people who do have the capability to evaluate these tools so that we can protect our students," she said. "Because teachers are scared for their students."
Some studies have shown that generative AI — which creates text, music and other content in response to a user-generated prompt or request — has led to reductions in cognitive effort.
"There's been research on the effect of AI on the way we think, and some of that stuff doesn't look great, but also, if we would have time and opportunity, there are ways that we can integrate AI in a responsible way into the work of our disciplines, to teach our students how to use it responsibly, and when not to use it," Heny said.
But Heny noted that the challenge of trying to find that balance is more difficult because teachers are on the "front lines."
"They have to dramatically change the way they do things in a time when they're also trying to cover standards and trying to do the work that they do on a daily basis, meeting the needs of the 150 kids that they work with," she said.
Under the legislation, the education department would also need to consult with local school divisions to compile details on current AI systems used for student instruction in public schools.
The two different bills, one carried by state Sen. Stella Pekarsky (D–Fairfax) and the other by Del. Sam Rasoul (D–Roanoke City), initially aimed to address AI use in education.
Rasoul's legislation called for school districts to implement policies barring students from being required to use AI chatbots for schoolwork. Pekarsky's original bill proposed having the Board of Education provide AI guidance for schools.
In the end, the group of legislators picked to come up with a final compromise ended up with legislation that aligned more with the Senate bill.
"AI is here. AI is in our classrooms," Pekarsky told VPM News. "We need to have some statewide guidance that is developmentally and instructionally appropriate for our schools to follow as they create their policies."
Pekarsky said the group of lawmakers worked with the Spanberger administration to make sure there was "no worry" that the legislation would conflict with President Donald Trump's executive order threatening to withhold broadband funding from states that enact laws to rein in the technology.
Trump's directive forced lawmakers to set aside many of the AI-related bills proposed this year. The order, however, exempts state AI laws that protect children — which makes Pekarsky optimistic about her bill.
"The governor will take a look, and they'll have to make their own decision," she said. "But at a time when a lot of the AI proposed bills died along the way because of this particular worry, I think we were all feeling pretty good and on solid footing that we're not trampling on any of the federal stuff."
The measure also creates a pilot program to bolster local school districts' AI capabilities, including offering new applications, tutoring and teacher support. The program, which would expire on July 1, 2030, would prioritize proposals from applicants that serve "diverse student populations, including high-poverty, rural, and under-resourced school divisions."
In an interview, Rasoul called AI use one of the "most dangerous issues" in education today. He said the bill offers a way to help guard against risks of student safety and hopefully address concerns of AI's potential influence on students' cognitive ability.
An executive order from former Gov. Glenn Youngkin directed VDOE to develop and issue tools, resources and other instructional support to help integrate AI in state education.
"The Virginia Department of Education will continue to amend AI guidance when current bills are signed into law based on the needs of school divisions and in accordance with any changes to the law," VDOE wrote in an email.
When asked, Spanberger's press team told VPM News, "The Governor is carefully reviewing all legislation on her desk."
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