Freedom in Education Policy Brief

January 12, 2026/

Freedom in Education Policy Brief

Issued by: The Freedom in Education Media Team
Release Date: January 12, 2026

This month’s brief examines how artificial intelligence (AI) is being integrated into K-12 and higher education amid evolving policy, rising state leadership, and ongoing debates around ethics, academic integrity, and human oversight. It highlights the contrast between emerging international frameworks and the still-fragmented U.S. approach, where federal guidance remains limited and states are stepping in with their own policies. It remains to be seen how this month’s Executive Order will affect AI in education.

Federal AI in Education Landscape

New AI Executive Order

On December 11, President Donald Trump signed an Executive Order consolidating federal guidance on AI policy and aiming to prevent a patchwork of state AI laws. The order directs the Department of Justice to create an AI Litigation Task Force to challenge state AI laws deemed unconstitutional or unlawful. It also conditions eligibility for Broadband Equity Access and Deployment (BEAD) funding — critical federal support for high-speed internet access — on compliance with federal AI standards. The EO calls for a national AI legislative framework that would preempt state laws “that stifle innovation.”

It remains unclear how this will affect K-12 education or previous Trump administration efforts to use AI to support American learning. A federal AI initiatives website created to track progress currently reads: “More Information About These Resources Is Coming Soon.”

A recent White House press article highlights ongoing administration discussions with educators and parents about AI’s classroom impact.

UNESCO Framework

Even as U.S. progress remains debated, UNESCO has published updated guidance emphasizing what teachers globally need in an age of AI: critical thinking, human-centered interaction, inclusivity in standard setting, and building core competencies for lifelong learning. UNESCO stresses that students should use AI through human-led approaches, understand the consequences of AI-driven decisions, and ensure accountability remains with humans.

In the News

AI & Education Summits:
The MIT AI & Education Summit explored how AI tools impact learning and pedagogy, with panels on AI literacy and personalized learning opportunities.

Digital Promise AI Investment:
Digital Promise launched the K-12 AI Infrastructure Program, a $26 million initiative distributing funding to develop open datasets, models, and benchmarks to improve AI accuracy and relevance in education. Partners include Learning Data Insights, DrivenData, Georgetown University’s Massive Data Institute, and Catalyst @ Penn GSE, providing expertise in AI governance.

Special Education AI Risks:
Generative AI is increasingly used to support special education tasks such as drafting Individualized Education Plans (IEPs) and 504 plans. Experts warn this raises legal and privacy concerns, including potential violations of FERPA and the Individuals with Disabilities Education Act (IDEA), and risks reinforcing biases when AI generates recommendations. (K-12 Dive article)

A State to Watch: Louisiana

Louisiana has been an early mover in state AI policy. The Louisiana Department of Education established an AI Task Force in 2023 and published guidance in 2024. The state’s Board of Elementary and Secondary Education (BESE) reported results from AI-assisted learning platforms:

  • Zearn users showed nearly a 6-point average improvement on state math assessments; and

  • Amira Learning users achieved higher scores on DIBELS and LEAP English language arts testing than non-users.

(DIBELS = early literacy screen; LEAP = Louisiana Educational Assessment Program exams.)

AI Resource Spotlight

Even as the federal EO takes effect, these resources remain useful:

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