Assembly Bill A11662

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11662
 
                           I N  A S S E M B L Y
 
                               July 31, 2026
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Tapia) --
   read once and referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to human-led  instruction
   and artificial intelligence in schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section  305-a
 to read as follows:
   § 305-A. HUMAN-LED INSTRUCTION AND ARTIFICIAL INTELLIGENCE IN SCHOOLS.
 1.  DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "ARTIFICIAL INTELLIGENCE SYSTEM" MEANS A MACHINE-BASED SYSTEM THAT
 CAN, FOR A GIVEN SET  OF  HUMAN-DEFINED  OBJECTIVES,  MAKE  PREDICTIONS,
 RECOMMENDATIONS,  OR DECISIONS INFLUENCING REAL OR VIRTUAL ENVIRONMENTS,
 AND THAT USES MACHINE- AND  HUMAN-BASED  INPUTS  TO  PERCEIVE  REAL  AND
 VIRTUAL  ENVIRONMENTS,  ABSTRACT  SUCH  PERCEPTIONS  INTO MODELS THROUGH
 ANALYSIS IN AN AUTOMATED MANNER, AND USE MODEL  INFERENCE  TO  FORMULATE
 OPTIONS FOR INFORMATION OR ACTION.
   (B) "HUMANOID ROBOT" MEANS ANY PROGRAMMABLE ROBOTIC DEVICE DESIGNED TO
 PHYSICALLY  RESEMBLE A HUMAN BEING AND CAPABLE OF AUTONOMOUS OR SEMI-AU-
 TONOMOUS VERBAL OR PHYSICAL INTERACTION WITH STUDENTS.
   (C) "INSTRUCTIONAL SETTING" MEANS ANY CLASSROOM, LABORATORY,  INSTRUC-
 TIONAL  SPACE,  LIBRARY,  LEARNING  CENTER,  VIRTUAL CLASSROOM, OR OTHER
 LOCATION WHERE  EDUCATIONAL  INSTRUCTION  OR  SCHOOL-SPONSORED  ACADEMIC
 ACTIVITIES ARE PROVIDED TO STUDENTS.
   2.  PROHIBITION ON HUMANOID ROBOTS. NO SCHOOL DISTRICT, BOARD OF COOP-
 ERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOL, NONPUBLIC SCHOOL,  OR  ANY
 EMPLOYEE,  CONTRACTOR,  OR  AGENT THEREOF SHALL PURCHASE, LEASE, DEPLOY,
 EMPLOY, CONTRACT FOR, OR OTHERWISE UTILIZE A HUMANOID  ROBOT  WITHIN  AN
 INSTRUCTIONAL SETTING. A HUMANOID ROBOT SHALL NOT:
   (A) DELIVER INSTRUCTION;
   (B) FACILITATE CLASSROOM ACTIVITIES;
   (C) ANSWER INSTRUCTIONAL QUESTIONS;
   (D) SUPERVISE STUDENTS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16204-01-6
 A. 11662                            2
 
   (E) ASSESS OR EVALUATE STUDENT PERFORMANCE;
   (F) PROVIDE BEHAVIORAL OR DISCIPLINARY SUPERVISION;
   (G) PROVIDE COUNSELING OR SOCIAL-EMOTIONAL SUPPORT; OR
   (H) OTHERWISE INTERACT WITH STUDENTS IN AN INSTRUCTIONAL SETTING.
   3.  LIMITED  EXCEPTIONS. (A) THE PROVISIONS OF SUBDIVISION TWO OF THIS
 SECTION SHALL NOT PROHIBIT THE TEMPORARY  PRESENCE  OR  OPERATION  OF  A
 HUMANOID ROBOT SOLELY:
   (I)  AS  PART  OF A COURSE OF STUDY IN ROBOTICS, ENGINEERING, COMPUTER
 SCIENCE, ARTIFICIAL INTELLIGENCE SYSTEMS, OR SUBSTANTIALLY SIMILAR TECH-
 NICAL EDUCATION;
   (II) DURING SCIENTIFIC DEMONSTRATIONS, EXHIBITIONS,  MUSEUM  PROGRAMS,
 OR RESEARCH ACTIVITIES; OR
   (III) FOR MAINTENANCE, TESTING, REPAIR, OR TRANSPORTATION UNRELATED TO
 CLASSROOM INSTRUCTION.
   (B)  NOTHING  CONTAINED  IN  THIS  SUBDIVISION  SHALL  BE CONSTRUED TO
 AUTHORIZE A HUMANOID ROBOT TO PERFORM  ANY  INSTRUCTIONAL,  SUPERVISORY,
 COUNSELING, EVALUATIVE, OR CLASSROOM MANAGEMENT FUNCTION.
   4. HUMAN-LED INSTRUCTION. (A) NO SCHOOL DISTRICT, BOARD OF COOPERATIVE
 EDUCATIONAL  SERVICES, CHARTER SCHOOL, OR NONPUBLIC SCHOOL SHALL UTILIZE
 AN ARTIFICIAL INTELLIGENCE SYSTEM, CHATBOT, AVATAR,  VIRTUAL  ASSISTANT,
 OR  SUBSTANTIALLY  SIMILAR  TECHNOLOGY  AS THE PRIMARY INSTRUCTOR IN ANY
 INSTRUCTIONAL SETTING.
   (B) ALL INSTRUCTIONAL SETTINGS SHALL REMAIN UNDER  THE  DIRECTION  AND
 CONTROL OF A CERTIFIED EDUCATOR OR OTHER APPROPRIATELY AUTHORIZED SCHOOL
 EMPLOYEE.
   (C)  ARTIFICIAL INTELLIGENCE SYSTEMS MAY BE UTILIZED SOLELY AS SUPPLE-
 MENTAL INSTRUCTIONAL RESOURCES UNDER THE DIRECT SUPERVISION OF A  CERTI-
 FIED EDUCATOR.
   5.  STUDENT PRIVACY PROTECTIONS. (A) NO ARTIFICIAL INTELLIGENCE SYSTEM
 UTILIZED  BY  A  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE   EDUCATIONAL
 SERVICES,  CHARTER  SCHOOL,  OR  NONPUBLIC SCHOOL SHALL COLLECT, RETAIN,
 SELL, LICENSE, DISCLOSE, TRANSFER, OR OTHERWISE USE:
   (I) BIOMETRIC IDENTIFIERS OR BIOMETRIC INFORMATION;
   (II) FACIAL RECOGNITION DATA;
   (III) VOICEPRINTS;
   (IV) IRIS SCANS;
   (V) RETINAL SCANS;
   (VI) FINGERPRINTS;
   (VII) GAIT RECOGNITION DATA;
   (VIII) EMOTIONAL RECOGNITION, AFFECT RECOGNITION, OR EMOTION INFERENCE
 DATA; OR
   (IX) PERSONALLY IDENTIFIABLE STUDENT INFORMATION FOR  THE  PURPOSE  OF
 TRAINING,  IMPROVING, TESTING, OR DEVELOPING ANY ARTIFICIAL INTELLIGENCE
 MODEL OR FOR ANY COMMERCIAL PURPOSE.
   (B) STUDENT PROMPTS, CONVERSATIONS, AUDIO RECORDINGS, WRITTEN COMMUNI-
 CATIONS, OR OTHER INTERACTIONS WITH AN  ARTIFICIAL  INTELLIGENCE  SYSTEM
 SHALL  NOT  BE RETAINED FOLLOWING COMPLETION OF AN INSTRUCTIONAL SESSION
 AND SHALL NOT BE USED  FOR  ADVERTISING,  PROFILING,  COMMERCIALIZATION,
 ARTIFICIAL  INTELLIGENCE MODEL TRAINING, OR ANY PURPOSE UNRELATED TO THE
 IMMEDIATE INSTRUCTIONAL SETTING.
   (C) NO SCHOOL DISTRICT, BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,
 CHARTER  SCHOOL,  OR NONPUBLIC SCHOOL SHALL REQUIRE A STUDENT TO CONSENT
 TO THE COLLECTION OF INFORMATION PROHIBITED BY  THIS  SUBDIVISION  AS  A
 CONDITION OF PARTICIPATING IN ANY EDUCATIONAL PROGRAM OR ACTIVITY.
   6.  ANNUAL  CERTIFICATION.  EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES, CHARTER SCHOOL,  AND  NONPUBLIC  SCHOOL  UTILIZING
 A. 11662                            3
 
 ARTIFICIAL  INTELLIGENCE  SYSTEMS  SHALL ANNUALLY CERTIFY TO THE COMMIS-
 SIONER  THAT  SUCH  ARTIFICIAL  INTELLIGENCE  SYSTEMS  COMPLY  WITH  THE
 PROVISIONS OF THIS SECTION.
   7.  RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE ANY RULES
 AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.