Artificial intelligence (AI) has been shown to be a helpful tool in special education for both teachers and students. While concerns have arisen about ethics, student privacy, and how AI might affect critical thinking, it is commonly accepted that the benefits outweigh the concerns. Still, it’s important for everyone in education to understand the possible downsides of using AI and plan ways to avoid these.
Some of the potential problems with AI in special education are well-known, such as those related to student learning (data privacy, bias, hallucinations, etc.). Others, such as how it might impact teacher agency, how people view students with disabilities, and legal issues, aren’t as well understood.
This article focuses on the legal issues, but here’s a quick look at the other two lesser known impact areas.
|
Potential AI Problem |
Description |
Solution |
|
Decreased Teacher Agency |
As AI supports tasks previously managed by special education teachers, such as data analysis and program planning, their role shifts from expert to collaborator. This potential loss of professional identity can lead to decreased agency, burnout, and attrition. |
Schools need to support teachers as they navigate shifting professional roles. AI must be used to help teachers, not replace them. |
|
Negative Perception of Students with Disabilities |
If AI is presented as the magic solution to overworked teachers struggling to support students with special needs in inclusive classrooms, it makes the students seem like the problem and the teachers seem like they’re being victimized by the system (Rice & Dunn, 2023; Mintz, et al., 2023). |
Be aware of language used to frame the use of AI in special education. Reframe language to position AI as a catalyst for systemic change to support all learners in an inclusive setting. |
Legal Issues with AI in Special Education
These issues are related to teacher responsibility and transparency about how AI is used. Dealing with these aspects of AI will help teachers know what to do, and schools know how to support them.
Teacher Responsibility
Teachers must use their professional judgment when making decisions. Simply using AI-generated documents (such as IEPs or behavior plans) or AI recommendations without careful consideration means they aren’t using their professional discretion. This is important because professional discretion is a key factor in protecting teachers from liability (Jones, S., 2025, Legal guardrails for AI in assistive technology: What administrators need to know [Webinar]. Infinitec).
It’s also important to remember that school districts are responsible for the accuracy of all student program documents, even if AI was used to create any. This isn’t a new idea: Best practice guidelines have always emphasized that AI should be a tool to support teachers’ professional judgment, not replace it (Mintz, et al., 2023).
What Teachers Can Do:
- Follow best practices and use AI to support their judgment, not replace it.
- Don’t just use AI to create an IEP or behavior plan without making sure it fits each individual student’s needs.
- Don’t add an AI-suggested accommodation to an IEP without trying it first and collecting data to see if it works for the student.
- Be able to explain the specific parts of each student’s programming and documentation. This demonstrates professional reasoning, which cannot be replaced by AI tools.
Being Transparent
Many schools have general rules about using AI. Having specific rules about using AI for student programming creates transparency and can ease concerns that students aren’t getting individualized support. Educational documents such as IEPs or behavior support plans should be personalized for each student. Using AI to create these documents can make families feel like their child’s education isn’t tailored to them.
- Create statements about how the school uses AI in student programming, beyond districts’ general AI guidelines.
- These statements should explain which AI programs are approved and outline staff expectations for using AI to enhance versus replace professional judgement. This serves as notification to families regarding AI use and reminders to staff of their professional responsibilities when using AI. Sample language might include:
– SCHOOL/DISTRICT has approved the following AI programs for potential use in IEP development, lesson plan development, etc. It is the expectation of
– SCHOOL/DISTRICT that any staff using AI to support student programming will not use it to replace their own decision-making or professional judgement. It will be used as an adjunct to the professional skills of the district employees. - Add these statements to student handbooks, registration information, and the school’s general AI policy.
AI can be a powerful tool to support students and educators in special education. It is up to us as educators and administrators to ensure that we are being thoughtful and proactive in addressing the impacts, both positive and negative, that may arise as this tool is introduced into the educational arena.
NOTE: Article written by the Human in the Loop, with AI used for partial edits
Other References
Drigas, A. S., Ioannidou, R. E. (2013). A Review on Artificial Intelligence in Special Education. In: Lytras, M. D., Ruan, D., Tennyson, R. D., Ordonez De Pablos, P., García Peñalvo, F. J., Rusu, L. (eds) Information Systems, E-learning, and Knowledge Management Research. WSKS 2011. Communications in Computer and Information Science, vol 278. Springer, Berlin, Heidelberg.