Digital-k: AI has potential, but don't dive in yet...
Queensland Teachers' Journal, Vol 128, 25 August 2023, page no.23
The legal issues surrounding the use of artificial intelligence in schools are nearly as abundant as the potential uses of the technology itself. But one thing is certain, AI is coming to a school near you soon.
Acting for the QTU, we have already spoken with teachers who have developed their own applications and are now concerned about their intellectual property rights. In 2020, a standardisation algorithm was produced to mark UK students’ A Level grades (resulting in the memorable slogan “f*UK the algorithm”), and the question of “AI bias” remains live three years later.
OpenAI released an early demo of ChatGPT on 30 November 2022, and it quickly went viral. In 2023, there cannot be too many students over a certain age (or for that matter teachers or lawyers) who have not already marvelled at the flawed but impressive capabilities of the application. Companies are developing intelligent instruction design and digital platforms that use AI to provide learning, testing and feedback to students from pre-kindy to university level. We can expect machines to be able to read student’s expressions, know when they are struggling, and modify lessons in response. As AI educational applications develop, the hope is that machines and humans can work together to produce better outcomes for both students and teachers alike. But even AI cannot predict the future.
What is clear, however, is that we will need laws and regulations to protect the students and the teachers of the AI classroom. On 24 May, the federal House Standing Committee on Employment, Education and Training initiated an inquiry into the use of generative artificial intelligence (AI) in the Australian education system. The inquiry includes (among other things) consideration of the strengths and benefits of generative AI tools for students and educators and how cohorts of students experiencing disadvantage can benefit from AI.
A clear issue for all teachers to be wary of is privacy, both their own and that of their students. In a world where personal data can flash around the world in a nano-second, the potential to breach privacy law is clear. Until the state regulates the use of AI in schools, teachers should exercise caution and seek formal approval from school leaders before using AI applications in the classroom.
If that happens, the one thing this lawyer can confidently predict is “the computer made me do it” is a defence that will not hold water.