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SB 5956 · AI, Surveillance, and Student Discipline

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Executive Summary

Prohibits automated systems from making student discipline decisions and bans facial recognition, risk scoring, and biometric surveillance in public schools.

Background

Schools are increasingly adopting AI-powered tools for behavior prediction, threat assessment, and campus surveillance — often with little transparency to families. These systems frequently rely on biased training data and have been shown to disproportionately flag students of color and students with disabilities. Washington has no existing legal framework specifically addressing AI use in student discipline, creating significant gaps in student rights protections.

Summary

SSB 5956 prohibits any automated decision system from serving as the sole or determinative factor in student discipline decisions, including suspensions, expulsions, and alternative placements. Schools may not use “risk scores” that predict a student’s likelihood of future misconduct, gang affiliation, or criminal behavior. Facial recognition for ongoing surveillance or real-time student identification is explicitly banned. Use of biometric data to infer emotional states, mental health, sexual orientation, or gender expression is prohibited. Student data from AI systems may only be shared with law enforcement when required by law or when there is imminent likelihood of serious physical harm. OSPI must update guidance and the Washington State School Directors’ Association must develop model policies by February 1, 2027. The bill passed the full Senate 35–13 and has been returned to Senate Rules after House amendments.

Key Points

  • AI-driven discipline systems can automate and accelerate the school-to-prison pipeline, flagging students for exclusion based on opaque algorithms rather than individualized human judgment.
  • The prohibition on predictive risk scoring is especially significant — these tools label students as future threats before they have done anything wrong, with a documented racial bias in their outputs.
  • The bill does not ban AI in schools broadly; it specifically targets uses that remove human judgment from discipline and expose student biometric data.
  • Watch for the WSSDA model policy development process — that’s where implementation details get determined, and advocates should seek input opportunities.
  • If enacted, districts will need to audit current vendor contracts for compliance. Coalition members can ask their district whether they currently use any AI-powered discipline or surveillance tools.

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