AI Generators: Appropriate and Responsible Use of Technology

AI Generators: Appropriate and Responsible Use of Technology

Educators are just beginning to scratch the surface on the utility of incorporating artificial intelligence (“AI”) in their work lives. AI is here to stay but educators must exercise caution in its use in order to satisfy legal and professional obligations.

 As stated by Scott Pelley on the April 16, 2023, edition of 60 Minutes, “We may look on our time as the moment civilization was transformed as it was by fire, agriculture, and electricity.” While a seemingly hyperbolic statement, those who have explored using AI will attest to the exciting possibilities and potential efficiencies.

From a legal standpoint, among other things, privacy concerns must be kept in mind. The Family Educational Rights and Privacy Act (“FERPA”) mandates the protection of personally identifiable information that is maintained in education records and includes direct identifiers, such as a student’s name or identification number, indirect identifiers, such as a student’s date of birth, or other information which can be used to distinguish or trace an individual’s identity. When working with AI, educators must not upload personally identifiable information.

From a professional responsibility standpoint, the unmonitored use of AI could jeopardize an educator’s license. The Licensure Code of Professional Conduct for Ohio Educators requires the “appropriate and responsible use of technology.” The ninth principle mandates as follows: “Educators shall always use technology, electronic communications, and social media in a responsible and professional manner and appropriately safeguard the unauthorized use or access to electronic devices and data entrusted to them.”

One should keep this ninth principle in mind when utilizing AI. People are learning a difficult lesson that AI “hallucinates.” In other words, it makes things up. High-profile instances have occurred wherein attorneys have blindly copied AI generated text into their briefs, only to find that AI hallucinated the fictitious case law it produced. An efficient shortcut has resulted in damaged reputations and sanctions.
Individuals with a license, such as educators, must monitor the AI output that goes into their work product. Failing to do so could result in legal liability and could potentially amount to conduct unbecoming an educator.

Feel free to contact Ennis Britton if you have any questions about the legalities and professional obligations in utilizing AI. Be sure to catch our presentation AI Generators: The Good, The Bad, The Ugly at the COSSBA Annual Conference in Dallas, Texas on February 24, 2024 and BASA Ohio on March 20, 2024.

*Image was AI-generated using RF123.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Distinguishing Discussions from Meetings and Informal Consensus from Formal Decisions

Distinguishing Discussions from Meetings and Informal Consensus from Formal Decisions

On January 16, 2024, the Eleventh District Court of Appeals decided the appeal of a frequent litigant and once again weighed in on the Ohio Open Meetings Act. In State of Ohio ex rel. Ames v. Portage Cty. Bd. of Commrs., 2024-Ohio-146, the court affirmed the granting of summary judgment in favor of the Portage County Board of Commissioners (“Board”) and dismissed the case. In the case, Ames alleged that the Board committed numerous violations of R.C. 121.22, the Ohio Open Meetings Act (“OMA”).

Among other things, the court made it clear that not every conversation constitutes a meeting subject to the OMA. In his Complaint, Ames alleged that a majority of the Board, two members, discussed the employment of the county’s director of budget and finance prior to the meeting. The two commissioners admitted to having an impromptu, brief discussion prior to the meeting.

The court highlighted that the OMA defined “meeting” as “any prearranged discussion of the public business of the public body by a majority of its members.” R.C. 121.22(B)(2). In affirming the granting of the motion for summary judgment, the court stressed that the meeting was not “prearranged.” The court held that the OMA does not prohibit impromptu discussions between a majority of board members.

Additionally, the court provided guidance on permitted procedures for executive session. Ames alleged that the Board violated the OMA by deciding to discharge the director of budget and finance during executive session. To support his allegation, Ames relied upon a commissioner’s statement, immediately after executive session, that the Board was dismissing the director. Ames concluded that the statement showed that the Board reached an impermissible collective decision during executive session.

Rejecting this contention and affirming the granting of the motion for summary judgment, the court of appeals noted that the OMA does not preclude the Board from reaching an informal consensus during executive session. So long as formal action is taken in an open meeting of the public body, no violation of the OMA occurs.

The case underscores two points. First, caution must be exercised to comply with the OMA. Activist litigants may put your processes to the test. Secondly, if caution is exercised and the procedures are followed, public entities can successfully defend against such claims.

Appeals Court Upholds Denial Of Benefits for Employee who Resigned Without Just Cause.

Appeals Court Upholds Denial Of Benefits for Employee who Resigned Without Just Cause.

Gbortoe v. Dir., Ohio Dept. of Job & Family Servs., 2023-Ohio-4844

The Tenth Circuit Court of Appeals (Franklin County) upheld a denial of benefits to an employee who quit work after receiving only a written disciplinary letter.

According to the employee, he resigned his position after “an incident regarding another individual’s gender preferences.” In his telling, he had a phone conversation in which he welcomed a newly promoted member of the team. The employee testified there was no discussion of gender preferences during that call, and it was not until the following week that a different coworker informed the employee about the newly promoted employee’s gender pronouns. The employee responded to this coworker’s comment, expressing he was “not interested” in that topic and he “[does not] believe in that.” That comment led to corrective action meetings with company leadership. In one of the meetings, the employer informed the employee he would receive a disciplinary warning for his conduct.

The manager testified that the employer received a complaint about the employee after he audibly opined the newly promoted employee was not capable of succeeding in their new role. The employer accused the employee of violating the code of conduct by vocalizing his opinion loudly enough to be audible around the office. The manager explained that the employee was issued a written warning, but his job was not in jeopardy at the time of his resignation. In part, the written warning admonished the employee as follows: “You must demonstrate consistently appropriate behavior in the workplace going forward in accordance with [employer’s] Code of Conduct. Failure to do so may result in further corrective action, up to and including termination of employment.”

The employee lost at all levels before the Unemployment Compensation Review Commission and then filed an appeal to the Court of Common Pleas. To no one’s surprise, except perhaps the employee, the Court upheld the Commission’s denial. The employee appealed.

The Court of Appeals held that the employee failed to prove he was entitled to unemployment benefits. “Although he contends his employer created a hostile work environment and threatened to fire him, the record shows employer merely issued [employee] a written warning admonishing him for his behavior. Although the warning noted the employer could impose future sanctions up to and including firing for continued inappropriate workplace behavior, it did not threaten [employee’s] employment status.

What this means for your District
From time to time to time, employees quit and then claim they were threatened with termination or were “constructively discharged,” essentially leaving them with no choice but to resign.

An employee who resigns from employment with good case to do so can obtain unemployment benefits. Such good cause might be the existence of work conditions that are a danger to health and safety when the employer refuses to fix the conditions after being notified (constructive discharge), or the employee was given the option to resign or be fired, and resigned under circumstances where the employer had no cause to terminate employment, If an employee resigns in lieu of being terminated, the Unemployment Commission will analyze whether the employer had just cause to terminate in the first place.

Where here, the employer is not threatening to terminate the employee unless he resigns, and did not refuse to mitigate unsafe working conditions, the employer will be able to defend against the claim for benefits. Make sure you are always documenting the circumstances of an employee’s separation so that you will have evidence to establish what the truth is.

Special Education Update: Sixth Circuit Confirms District Obligations for Dual Enrolled Students

Special Education Update: Sixth Circuit Confirms District Obligations for Dual Enrolled Students

In a recent decision, the United States Court of Appeals for the Sixth Circuit affirmed a lower court ruling that the Individuals with Disabilities Education Act does not require school districts to provide special education services or accommodations in dual credit courses offered at postsecondary schools. The decision stems from an appeal filed on behalf of a Kentucky student with Tourette’s Syndrome, autism, and other physical and cognitive conditions. After three years of accelerated courses in high school and a dual credit course at a local university, the student’s IEP team determined to focus on his transition to postsecondary education – pinpointing a “residential college experience” as one possible option. When Parents enrolled the student in a dual credit, dual enrollment residential program outside of the district, their request for on campus IEP services was denied. The family then filed due process, seeking reimbursement for the support services financed by parents. The hearing officer and the appeals board sided with the district. The ensuing court appeal was dismissed by the trial court.

On further appeal, the Sixth Circuit’s review highlighted several relevant points, beginning with the clear fact that the Act applies to “secondary,” not postsecondary education. Since the program at issue delivered college-level courses on a college campus, it was not covered under the IDEA. Following the guidance of the U.S. and Kentucky Departments of Education, the Court found that the mandate for a free appropriate public education did not include postsecondary education.

The Court also considered that the dual enrollment was in fact exclusively exercised in a college setting located some 130 miles from the student’s high school. As the district had no control over what classes the student took, what times services might be warranted, or where the services would be provided, the Court agreed that the Act did not obligation school districts to provide services at universities as opposed to the student’s high school.

Finally, the Court distinguished between the obligation to provide special education services for Advance Placement courses and doing so for the dual enrolled student. AP courses are available to high school students based on district-determined offerings and do not require enrollment in a postsecondary institution. However, the residential postsecondary program here caters to high school students but does not offer a secondary school education. Therefore, the dual enrollment precludes eligibility under the IDEA.

What this means for school districts: The facts in this case clearly establish that off- campus college credit programs do not oblige school districts to provide special education services. Accordingly, schools should carefully consider program location and the level of program control when suggesting postsecondary transitional services for high school students.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FTC Proposes Strengthening COPPA to Further Limit Companies’ Ability to Monetize Children’s Data

FTC Proposes Strengthening COPPA to Further Limit Companies’ Ability to Monetize Children’s Data

The Federal Trade Commission (FTC) has proposed changes to the Children’s Online Privacy Protection Rule (COPPA Rule) that would place restrictions on the use and disclosure of children’s personal information and limit the ability of companies to condition access to services on monetizing children’s data. This would be accomplished by actions such as a requirement that targeted advertising be off by default, limiting push notifications, restricting surveillance in schools, and strengthening data security. The FTC’s Press Release stated that the purpose of these proposals are to “shift the burden from parents to providers to ensure that digital services are safe and secure for children.”

The COPPA Rule first went into effect in 2000, when it required certain websites and online services that collect personal information from children under 13 to obtain parental consent before collecting, using, or disclosing that personal information. In 2013, the FTC made changes that reflected the increased use of mobile devices, to protect children’s online activity, as well as photos, videos, and audio recordings. The FTC stated that this most recent proposed change comes at a time when “online tools are essential for navigating daily life.” Implementing such tools will not only allow children to be online without being “endlessly tracked” by companies, but also places the obligation on service providers, rather than allowing such providers to outsource their responsibilities to parents.

In order to achieve those goals, the FTC has stated that the proposed changes will include:
● Requiring separate opt-in for targeted advertising
● Prohibition against conditioning a child’s participation on collection of personal information
● Limits on the support for the internal operations exception
● Limits on nudging kids to stay online
● Changes related to Ed Tech
● Increasing accountability for Safe Harbor programs
● Strengthening data security requirements
● Limits on data retention

Once the proposed changes are published in the Federal Register, the public will have 60 days to submit a comment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Office of Civil Rights Reminds Schools of Their Obligation to Provide All Students a School Environment Free from Discrimination

Office of Civil Rights Reminds Schools of Their Obligation to Provide All Students a School Environment Free from Discrimination

On November 7, 2023, in the wake of unrest in the Middle East, the U.S. Department of Education’s Office of Civil Rights (“OCR”) released a Dear Colleagues Letter reminding pre K-12 schools and institutions of their legal obligations under Title VI of the Civil Rights Act of 1964 (Title VI). The letter emphasized that all schools, colleges, and universities that receive federal financial must comply with  Title VI. These legal obligations include providing all students, including students perceived to be Jewish, Israeli, Muslim, Arab, and/or Palestinian, a school environment free from discrimination based on race, color, or national origin. The letter urges schools to ensure all students have the freedom to learn in safe and inclusive school environments as the tension in the Middle East continues to rise.

 In addition, to the Dear Colleagues Letter, the OCR released an updated complaint form for complaints alleging violations of Title VI. The updated complaint form now extends “national origin” to include students who are perceived to be Jewish, Muslim, Hindu, Sikh, or based on other shared ancestry or ethnic characteristics

 What Does This Mean for School Districts?

In light of the emphasis from OCR, school districts should be alert for discrimination and harassment incidents on school grounds. It is each school district’s legal obligation under Title VI of the Civil Rights Act to address discrimination and potential violence against students as the conflict in the Middle East ensues.

 The U.S. Department of Education Fact Sheet includes specific strategies for addressing civil rights violations. School officials should carefully review and institute, where appropriate, these policies of protection

 The links below provide details on compliance with this directive, as well as the revised Civil Rights violation complaint form. Any person may file a complaint based on a perceived violation of Civil Rights protections enshrined in the historic legislation of 1964. 

 The Dear Colleague Letter

https://www2.ed.gov/about/offices/list/ocr/letters/colleague-202311-discrimination-harassment-shared-ancestry.pdf

Updated Complaint Form

https://www2.ed.gov/about/offices/list/ocr/complaintform.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

OCR Complaint Filing Training

https://ocrcas.ed.gov/contact-ocr

Or email: OCR@ed.gov