Virginia has become one of the first states to require comprehensive state-level guidance on how schools should safely use artificial intelligence tools. The Virginia General Assembly overwhelmingly approved two bills that mandate 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, while the state Senate voted 37-2 for SB394 and 38-1 for HB1186. What Will Virginia's AI Guidance Actually Cover? The state guidance that schools must follow will address several critical areas that lawmakers identified as urgent priorities. Teachers and administrators have expressed growing anxiety about how AI tools are being deployed in classrooms without clear safeguards, and this legislation aims to provide the reassurance they need. - Student Data Privacy: Guidelines will establish how schools can protect student information when using AI systems that may collect or process personal data. - Teacher Training Requirements: Schools will receive guidance on how to properly train educators to evaluate and implement AI tools responsibly in their classrooms. - Protections Against AI Bias: The guidance will address how to identify and mitigate algorithmic bias that could disadvantage certain student populations. Natasha Heny, an associate professor at the University of Virginia School of Education and Human Development, explained why this state-level guidance matters so much to educators. "They don't want just guidance, but they want reassurance," she told VPM News. Heny noted that teachers are often presented with AI products from tech companies that seem like "miracle workers," but most educators lack the expertise to properly evaluate whether these tools actually work or could harm their students. "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. Because teachers are scared for their students," said Natasha Heny. Natasha Heny, Associate Professor at the University of Virginia School of Education and Human Development Why Are Educators Concerned About AI's Impact on Student Learning? The push for state guidance reflects growing concerns about how AI tools affect the way students think and learn. Some research has shown that generative AI, which creates text and other content based on user requests, has led to reductions in cognitive effort among students. This raises questions about whether students are developing critical thinking skills or simply outsourcing their intellectual work to machines. However, Heny emphasized that the challenge isn't to ban AI from schools entirely, but to find a responsible way to integrate it into teaching. "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," she explained. Heny The real difficulty, Heny noted, is that teachers are on the "front lines" of this challenge. They must dramatically change their teaching methods while simultaneously covering required standards and meeting the needs of their students, often without adequate support or time to learn new tools. How Will Virginia Support Schools in Implementing AI Responsibly? Beyond requiring guidance, the legislation also creates a pilot program designed to help local school districts build their AI capabilities. This program will expire on July 1, 2030, and will prioritize funding for school divisions that serve diverse student populations, including high-poverty, rural, and under-resourced areas. The pilot program will support schools in accessing new AI applications, tutoring systems, and teacher support tools. The legislation represents a compromise between two different approaches proposed by lawmakers. State Senator Stella Pekarsky's original bill proposed having the Board of Education provide AI guidance, while Delegate Sam Rasoul's bill called for school districts to implement policies barring students from being required to use AI chatbots for schoolwork. The final compromise aligned more closely with the Senate approach, focusing on guidance rather than restrictions. Pekarsky emphasized the urgency of the situation: "AI is here. AI is in our classrooms. We need to have some statewide guidance that is developmentally and instructionally appropriate for our schools to follow as they create their policies," she stated. Pekarsky What About Federal Restrictions on AI Regulation? One significant challenge facing Virginia's legislation is the federal environment. President Donald Trump issued an executive order threatening to withhold broadband funding from states that enact laws to rein in technology. This directive forced lawmakers to set aside many AI-related bills proposed this year. However, the Trump order includes an exemption for state AI laws that protect children, which gave lawmakers confidence that Virginia's bill would not conflict with federal policy. Pekarsky noted that the group of lawmakers worked with the Spanberger administration to ensure there was "no worry" that the legislation would conflict with the federal order. "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," she said. Delegate Sam Rasoul called AI use one of the "most dangerous issues" in education today, emphasizing that the bill offers a way to help guard against risks of student safety and address concerns about AI's potential influence on students' cognitive ability. The Virginia Department of Education confirmed its commitment to implementing the new requirements, stating: "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". Governor Abigail Spanberger is currently reviewing the legislation before deciding whether to sign it into law.
