Family’s Lawsuit Over AI on Assignment Raises a Big Question: Is AI Helping or Just Cheating?

As artificial intelligence (AI) companies rapidly release new models and major tech firms restructure to accelerate their initiatives, the debate over the use of AI in schools is intensifying.

A Massachusetts family is suing a teacher at Hingham High School, along with district faculty members, after the school claimed their son cheated when he utilized AI on a history project and dropped his grade on the assignment to a "D."

The family’s attorney argues the student had used AI similar to a Google search engine, and only in the outline stages. There remains an open dispute between the two parties as to what the school's AI policy is and whether it was breached. 

The incident brings attention to the use of AI in schools and what's acceptable.

New Legal Territory With AI

There's no doubt AI presents uncharted territory for the legal system, especially when it comes to schools. In this specific case, the family decided to sue, saying the "D," which dropped his grade to "C+" for the class, would impact his chances of getting into college.

Amy Schmitz, BA, JD, a law professor at Ohio State University and Director of the JusticeTech Capstone and Fellowship Program, says the outcome of this case will come down to the specifics.

“There are different scenarios that could result in liability, different scenarios that could say there's no liability," she says. "These are always tricky cases because it is going to depend on the specific facts.”

Schmitz is certain we will see more AI education lawsuits due to the varying approaches and even definitions of AI across the country.

“You go to one school, and they're like, 'We banned it completely and nobody's allowed to touch it.' And then I'll ask them, 'What about spell check?' And they're like, 'Well, that's OK,'” she explains, as spell check uses AI.

Implementing AI Guidelines for Schools

What’s clear is that this lawsuit has become an important catalyst for much-needed discussions about AI in education.

“People don’t know what the approved tools at their particular institution are, regardless of whether it's K-12 or upper higher level education. It is a real morass. And I do think the legal issues are going to be there,” Schmitz says.

She emphasizes the importance of a clear policy by asking critical questions: Do all stakeholders understand what the policy entails? When referring to AI, are we specifically talking about generative AI? What particular tools are approved for use?

“Just because we have a calculator doesn't mean that we no longer teach math right? So from a [teaching] perspective, it's important that you decide where you're not allowed to use anything because the student needs to learn how to think, needs to learn how to understand the basics. If you don't have the basics, if you never learned math, you wouldn't know whether the calculator was correct,” Schmitz states. 

Stephanie Wright, PhD, Educator and Director of Programs at Rainier Scholars, saw many school districts adopting a strict ban last year. “They were saying we don’t want our students to use AI at all,” she says. There were concerns about whether it would prevent scholars from doing their own thinking.

“What I'm more interested in doing, is to teach students how to use AI as a tool and how to use it ethically," she says.

This need for clear ethical guidance for the integration of AI as an educational tool was a key takeaway in a 2023 U.S. Department of Education Office of Educational Technology policy report titled, Artificial Intelligence and the Future of Teaching and Learning. 

In response to the report's release, many states and school districts have now begun adapting their local AI guidelines and policies.

Schmitz advises districts to provide clear specifications within each school about what is allowed, what is not allowed, and to clearly define what constitutes acceptable use of AI tools in academic work.

“I’ve seen false accusations of use of AI, and that creates legal issues as to how you prove whether or not that student really did use AI because these testing tools are not perfect,” says Schmitz.  

Dr. Wright shares that as an educator, she is clear on her expectations for a class, what they will be using, what she will allow—and is explicit about those rules. She notes how parents can help their students by asking them questions if they are using AI, such as, “Is that a part of the assignment? What are your teachers' expectations for how you're using AI?” 

Using AI as a Tool vs. Cheating

Min Sun, PhD, an education professor at the University of Washington and Co-Founder of Colleague.AI, works closely with K-12 school districts and educators in their AI development and implementation.

“There is a fine line between using AI as a learning aid and using it to bypass the learning process entirely,” says Dr. Sun. “As educators, we need to guide students on how to use these tools ethically and effectively, rather than simply banning them outright.”

Effectively using AI tools has become a valuable skill.

“Instead of punishing students for using AI, educators can develop higher depths of learning opportunities for students by allowing students to learn responsible AI use, and to equip them with the skills to critically evaluate AI responses, all while redefining academic integrity standards,” Dr. Sun shares.

AI has the potential to make teaching and learning more dynamic, personalized, collaborative, and equitable, explains Dr. Sun. She supports parents and educators to embrace the reality of AI being in our lives so that we can collectively ensure that it enhances rather than undermines the learning process.

She identifies AI as a research assistant, helping students find relevant sources quickly, much like what is claimed in this lawsuit. She also notes its power as a brainstorming tool and a writing aid. AI has dynamic potential to support equitable and individualized learning with its language learning assistance and as an accessibility tool.

The Fears Over AI

Noted both in the Department of Education's report and in Dr. Sun’s work, AI does not come without real concerns. There is a fear of AI taking over jobs and a growing over-reliance on technology. 

Parents and educators can be hesitant to engage with AI for these reasons, and unaware of what learning or “work” their student is doing as AI becomes integrated into education.

As new AI tools roll out daily, everyone experiences those impacts in real time. This offers parents an opportunity to learn alongside their children. By exploring AI together, parents can show their child how to fact-check AI, and have discussions on how to use AI “as a learning companion, and not a substitute for high-order thinking and creativity development,” shares Dr. Sun. 

The Digital Divide

As AI can support equity in learning, it also exposes a growing digital resource divide. The family behind the lawsuit is seeking a grade change for their son, believing it could impact his application to Stanford. They have the means to hire a lawyer and advocate for him in a competitive landscape, a privilege not afforded to many students who might face accusations of academic dishonesty.

The reality is that many AI tools require subscriptions, making access to these resources a luxury rather than a standard. This disparity raises important concerns, particularly across different tax brackets and between rural and urban schools.

“If you want to be prepared for the future, or even for the workplace of today, you need to understand these tools," Schmitz emphasizes. "But how are you able to do that when you don't even have the resources for just the basics, for literacy, and for the essentials that are integral to learning?"