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REFERENCE TITLE: public schools; universities; AI policies |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 4040 |
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Introduced by Representative Kupper
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AN ACT
amending title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-120.08; amending title 15, chapter 13, article 2, Arizona Revised Statutes, by adding section 15-1626.02; relating to artificial intelligence.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-120.08, to read:
15-120.08. Unauthorized use of artificial intelligence; policies and procedures; school employee training; annual report; definitions
A. On or before July 1, 2027, each school district governing board and charter school governing body shall adopt policies and procedures relating to artificial intelligence that include the following:
1. Policies and procedures that are designed to detect and prevent the unauthorized use of artificial intelligence by students to complete coursework, including at least one of the following:
(a) A system to review assignments that are submitted by students to determine whether each submission was generated by artificial intelligence. A system adopted pursuant to this subdivision must include all of the following:
(i) A natural person who reviews each assignment that the system identifies as content generated by artificial intelligence.
(ii) An appeals process for any student who submits an assignment that is identified as content generated by artificial intelligence in violation of the school district's or charter school's policies.
(iii) Bias mitigation measures that comply with antidiscrimination laws.
(iv) A maximum percentage of content that may be generated by artificial intelligence, as determined by the governing board or governing body.
(v) Safeguards to protect student privacy and comply with the requirements prescribed by chapter 1, article 4 of this title and the family educational and privacy rights act of 1974 (20 United States Code section 1232g).
(b) Modifications to the coursework and assignments to minimize or eliminate the unauthorized use of artificial intelligence, including in-classroom assessments, oral presentations, assignments that depend on personal experiences or assignments that require collaboration among students in real time.
2. Guidelines on the authorized and unauthorized use of artificial intelligence by students, including the consequences for unauthorized use in violation of the school district's or charter school's policies.
3. At the discretion of the governing board or governing body:
(a) Either uniform guidelines or guidelines for each grade level, subject area or school site.
(b) Policies and procedures relating to the use of specific technological tools and educational practices.
B. Each school district and charter school shall provide training to all teachers and school personnel who are responsible for implementing the requirements prescribed by this section or enforcing the policies adopted by the school district governing board or charter school governing body. The training required by this subsection must include training on:
1. The limitations of the policies and procedures, detection system and modifications to the coursework and assignments prescribed by subsection A, paragraph 1 of this section.
2. Guidelines and recommendations for responsibly integrating artificial intelligence into existing curricula.
C. On or before October 15 of each year, each school district and charter school shall submit a report to the department of education on the implementation of this section. The department may issue guidance, develop resources or, if sufficient monies are available, award grants to school districts and charter schools in response to reports that are submitted pursuant to this subsection.
D. For the purposes of this section:
1. "Artificial intelligence":
(a) Means a machine-based system that is able to make predictions, recommendations or decisions.
(b) Includes generative systems that produce content in response to prompts.
(c) Does not include programs that check spelling or perform mathematical calculations without generating substantive content.
2. "Coursework" means an assignment, examination, paper, project or other work product that is submitted by a student for evaluation or academic credit.
Sec. 2. Title 15, chapter 13, article 2, Arizona Revised Statutes, is amended by adding section 15-1626.02, to read:
15-1626.02. Unauthorized use of artificial intelligence; policies and procedures; faculty training; annual report; definitions
A. On or before July 1, 2027, the Arizona board of regents shall require each university under the jurisdiction of the Arizona board of regents to adopt policies and procedures relating to artificial intelligence that include the following:
1. Policies and procedures that are designed to detect and prevent the unauthorized use of artificial intelligence by students to complete coursework, including at least one of the following:
(a) A system to review assignments that are submitted by students to determine whether each submission was generated by artificial intelligence. A system adopted pursuant to this subdivision must include all of the following:
(i) A natural person who reviews each assignment that the system identifies as content generated by artificial intelligence.
(ii) An appeals process for any student who submits an assignment that is identified as content generated by artificial intelligence in violation of the university's policies.
(iii) Bias mitigation measures that comply with antidiscrimination laws.
(iv) A maximum percentage of content that may be generated by artificial intelligence, as determined by the university.
(v) Safeguards to protect student privacy and comply with the requirements prescribed by this title and the family educational and privacy rights act of 1974 (20 United States Code section 1232g).
(b) Modifications to the coursework and assignments to minimize or eliminate the unauthorized use of artificial intelligence, including in-classroom assessments, oral presentations, assignments that depend on personal experiences or assignments that require collaboration among students in real time.
2. Guidelines on the authorized and unauthorized use of artificial intelligence by students, including the consequences for unauthorized use in violation of the university's policies.
3. At the discretion of the university:
(a) Either uniform guidelines or guidelines for each department, course or program.
(b) Policies and procedures relating to the use of specific technological tools and educational practices.
B. Each university under the jurisdiction of the Arizona board of regents shall provide training to all faculty and university employees who are responsible for implementing the requirements prescribed by this section or enforcing the policies adopted by the university. The training required by this subsection must include training on:
1. The limitations of the policies and procedures, detection system and modifications to the coursework and assignments prescribed by subsection A, paragraph 1 of this section.
2. Guidelines and recommendations for responsibly integrating artificial intelligence into existing curricula and respecting academic freedom.
C. On or before October 15 of each year, each university under the jurisdiction of the Arizona board of regents shall submit a report to the board on the implementation of this section. The board may issue guidance, develop resources or, if sufficient monies are available, award grants to universities in response to reports that are submitted pursuant to this subsection.
D. For the purposes of this section:
1. "Artificial intelligence":
(a) Means a machine-based system that is able to make predictions, recommendations or decisions.
(b) Includes generative systems that produce content in response to prompts.
(c) Does not include programs that check spelling or perform mathematical calculations without generating substantive content.
2. "Coursework" means an assignment, examination, paper, project or other work product that is submitted by a student for evaluation or academic credit.
Sec. 3. Legislative findings
The legislature finds that:
1. Artificial intelligence tools are increasingly being used by students to complete coursework and are potentially stunting students' educational growth by serving as a crutch rather than a supplement to learning.
2. Public schools and universities have a responsibility to ensure that students are actively engaging in learning and are developing critical skills.
3. Requiring policies and procedures that make a good faith effort to detect the unauthorized use of artificial intelligence by students to complete coursework will promote genuine academic achievement and prepare students for real world challenges.
4. No artificial intelligence detection system is perfect, and public schools and universities should make efforts in good faith and include safeguards to address errors and bias and to protect privacy interests, including human oversight, an appeals process and compliance with laws on privacy, nondiscrimination and student rights.