40 FERPA and Transparency

Access to AI-generated data and the algorithms themselves is another significant concern. FERPA grants students the right to access and review educational records. However, it’s less clear how this applies to AI-generated insights or the complex algorithms that produce them. For instance, if an AI system generates a prediction about a student’s academic performance, do the student have the right to see not just the prediction, but also understand how it was made?

Transparency is closely related to access but goes a step further. It involves the ability to understand and interpret the AI’s decision-making process. Many AI systems, particularly those using deep learning, operate as “black boxes,” making decisions in ways that are not easily explainable. This lack of transparency can be problematic in educational contexts where decisions need to be justified and potentially challenged.

A primary concern is the interpretability of AI decisions, as schools may struggle to explain AI-generated recommendations or assessments to students if they themselves don’t fully understand the underlying algorithms. This lack of transparency also makes it challenging to identify and address potential biases in AI systems that could unfairly impact certain student groups. Moreover, without a clear understanding of how an AI reached a particular conclusion, students may find it difficult to contest potentially incorrect or unfair decisions.

Another issue involves the extensive data trails created by AI systems, raising questions about who has the right to access this information and for how long it should be retained. Finally, as AI systems are often continuously updated, there are concerns about maintaining consistent and fair treatment of students over time. These challenges underscore the need for greater transparency and accountability in the use of AI in education to ensure fairness and protect student rights.

Addressing these issues may require new policies and technical solutions that balance the benefits of AI in education with the rights and protections afforded by FERPA. This could include developing more interpretable AI models, creating clear data ownership and access policies, and establishing mechanisms for explaining and contesting AI-driven decisions in educational contexts.

 

This work was generated in collaboration with ChatGPT, an AI language model developed by OpenAI.

This work is licensed under CC BY 4.0

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