As state legislative sessions are closing, there has been a lot of action on AI policy across the education landscape.
In fall 2025, the dominant mode of state action on AI in education was voluntary guidance, like frameworks and model policies issued by state agencies. Only a handful of states enacted legislation. That has changed dramatically over the past few months.
Three states enacted K-12 AI education law in the current cycle: Idaho and Utah this session, and New York (the RAISE Act) in late 2025. 25 additional states have active legislation still in play—which means considerably more states may have AI education laws on the books by the end of May.
Policy Shift Towards Governance
AI literacy bills, which require schools to teach students about AI and associated skills, still appear in 2026, but governance has become the primary legislative frame. Across bills that are still active this session, common provisions include:
- District Policy Requirements: AI policies for K-12 districts that ensure ethical use and stakeholder engagement, as recommended in Ohio after similar statutory changes in 2025.
- Parental Transparency Mandates: Schools must inform parents about whether their child will be using AI tools in the classroom. South Carolina’s H.B. 5253 would require written parental opt-in consent before any AI instructional use. Oklahoma’s S.B. 1734 would require annual parent disclosure as part of a mandatory district AI policy.
- Mandatory Educator Professional Development: Tennessee’s bill requires AI training for all teachers in grades 6-12.
- AI Learning Standards: North Carolina introduced legislation directing the state board to adopt K-12 AI standards covering core functions and responsible usage.
- Chatbot Protections: Several states have developed comprehensive frameworks targeting AI companion chatbots and minor protections, including California (in effect since January 2026).
Illinois offers a notable counter-signal: A bill that passed the Senate would prohibit the use of AI tools to generate or score teacher evaluations, putting a hard limit on where AI governance ends and professional judgment must begin.
State leaders are focused on more than AI awareness and instead asking districts to be accountable to how it is being used and what students learn and have access to.
What’s Still Moving
The states to watch before sessions close:
- Connecticut: S.B. 5—one of the most detailed chatbot bills in the country—passed the Senate and heads to the House. The session closes next Wednesday, May 6.
- Illinois: Both the teacher evaluation AI prohibition and a children’s social media safety bill are in the House after passing the Senate
- Florida: AI was on the agenda for Florida’s special session, with an emphasis on addressing threats to child safety. The special session wraps today, and the budget session is scheduled for May 12-29.
Why it Matters
The state-level sprint on AI legislation is part of a larger reckoning. As W/A Co-founder and CEO Ben Wallerstein noted in January, policymakers are no longer just asking whether schools can afford technology. They’re asking whether it’s working, and who’s accountable when it isn’t. At the federal level, that pressure has been building across the aisle. In January 2026, a Senate Commerce Committee hearing on youth technology use further emphasized policymakers’ concerns about how technology affects student well-being, cognition, and learning—with schools now expected to answer for how they adopt and oversee these tools.
However, federal actions are pulling in opposite directions. The Trump administration’s Executive Order 14365 limited states’ ability to establish AI guidelines conflicting with federal priorities. As a result, state momentum shifted from sweeping AI guidance toward narrower, more defensible legislation: consumer protection, minor safety, disclosure. But on April 13, the U.S. Department of Education finalized its AI in Education priority, directing discretionary grant funding toward AI literacy, personalized learning, and educator professional development, with first competitions expected in the 2026-27 cycle. States that have been building AI governance frameworks are now better positioned to compete for that funding.
How states navigate these conflicting signals through legislative action or guidance will define the role of AI in education and the policy landscape for school year 2026-27 and beyond.
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