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HB4040 - 572R - I Ver
REFERENCE TITLE:
public schools; universities; AI policies
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 4040
Introduced by
Representative
Kupper
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:
START_STATUTE
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 1232
g
).
(
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.
END_STATUTE
Sec. 2. Title 15, chapter 13, article 2,
Arizona Revised Statutes, is amended by adding section 15-1626.02, to read:
START_STATUTE
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 1232
g
).
(
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.
END_STATUTE
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.