AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE ARTIFICIAL INTELLIGENCE AND EXTENDED REALITY IN SCHOOLS PILOT PROGRAM.

Legislation Document

SPONSOR:

Rep. Hilovsky & Sen. Buckson

Reps. D. Short, Kamela Smith, Michael Smith; Sen. Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 404

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE ARTIFICIAL INTELLIGENCE AND EXTENDED REALITY IN SCHOOLS PILOT PROGRAM.

WHEREAS, education is undergoing a profound shift, driven by rapid technological advancements that make learning more interactive, accessible, and tailored to individual needs; and

WHEREAS, emerging technologies like artificial intelligence (AI) and extended reality (XR), including virtual reality (VR) and augmented reality (AR), help provide personalized pathways for learning, an immersive and experiential learning experience, gamified and collaborative lessons, hybrid flexibility, and sustainability-focused projects; and

WHEREAS, these emerging technologies have been shown to boost student engagement and motivation to learn, resulting in marked improvement of educational outcomes, including improving test scores, reducing time to learn new skills and information, and increasing confidence in applying learned material; and

WHEREAS, students have 75% higher motivation in personalized settings, compared to 30% in traditional classrooms, reducing disengagement and boosting attendance by 12%; and

WHEREAS, students in AI-supported environments experience up to 10 times higher student engagement levels; and

WHEREAS, research conducted by the University of Maryland found that students who learned in a virtual reality environment had a 76% increase in learning outcomes compared to traditional classroom methods; and

WHEREAS, according to The Active Learning Impact Study conducted by Engageli in 2024, AI-enhanced active learning programs generated 13 times more learner talk time and 16 times higher rates of nonverbal engagement, leading to 54% higher test scores; and

WHEREAS, according to Engageli, AI tools provide real-time feedback 10 times faster than traditional methods and accelerate skill mastery, with 2025 data showing up to 10% improvement in exam results and a 15% increase in passing rates when using AI tools; and

WHEREAS, research indicates that students using AI-driven educational tools show a 30% improvement in learning outcomes, according to Engageli; and

WHEREAS, AI tools can also help address the increasing workload and pressure on educators by alleviating some of their administrative burden and allowing educators to focus more on student needs and outcomes, which is critical in districts with 15% or more annual turnover; and

WHEREAS, educators save 44% of time spent on lesson planning, grading, material creation, and other administrative tasks with AI tools like Khanmigo or Microsoft Copilot, reducing burnout and enabling deeper mentorship; and

WHEREAS, AI and XR technology is also increasingly being used to help train employees and, according to XR Today, XR technology is reshaping industries and creating economic opportunities; and

WHEREAS, the automotive, healthcare, retail, tourism, and real estate industries, and some manufacturers are using VR technology, and it is expected that more industries will adopt VR technology; and

WHEREAS, XR Today reports that XR technology currently supports approximately 80,000 jobs and, according to Zippia, is estimated to grow to 2.32 million jobs by 2030, indicating the technology’s transformative potential in various sectors; and

WHEREAS, Zippia reports that a remarkable 75% of industrial companies implementing large-scale VR and AR technologies reported a 10% increase in operations; and

WHEREAS, according to a 2022 survey conducted by PricewaterhouseCoopers (PwC), employees who received training using VR technology were 3.75 times more emotionally connected to content than in the classroom and 4 times more focused than e-learners; and

WHEREAS, according to the PwC survey, the employees trained using VR technology were 4 times faster to train and reported a 275% increase in confidence to apply learned skills after training, compared to a 40% increase in the classroom and a 35% increase through e-learning; and

WHEREAS, after practicing in VR training sessions, 95% of participants reported the training helped them better prepare for real-world situations and 85% of participants reported higher confidence in applications like job interviews, according to Virtual Speech; and

WHEREAS, AI and XR technologies, like those used to effectively train employees, can also be implemented in school classrooms to help effectively teach students through immersive learning experiences that provide instant feedback and adapt to students’ individual needs; and

WHEREAS, the global artificial intelligence in education market hit $7.57 billion in 2025, a 46% growth from 2024, reflecting massive investment in tools that level the playing field for diverse learners through translation, adaptive support, and inclusion features; and

WHEREAS, investing in educational AI and XR technologies supports Delaware’s educational priorities, including improving literacy, STEM proficiency, and career readiness, by helping to address equity, outcomes, and efficiency in Delaware public schools.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Part I, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 49. Artificial Intelligence and Extended Reality in Schools Pilot Program

§ 4901.

Definitions.

As used in this chapter:

(1) “AI” means artificial intelligence technology.

(2) “Department” means the Delaware Department of Education.

(3) “DOJ” means the Delaware Department of Justice.

(4) “DTI” means the Delaware Department of Technology and Information.

(5) “Local education agencies” means reorganized school districts and charter schools in this State.

(6) “Program” means the Artificial Intelligence and Extended Reality in Schools Pilot Program established by this chapter.

(7) “School” means a traditional public school, vocational technical school, or charter school located in this State.

(8) “XR” means extended reality technology. “XR” includes augmented reality and virtual reality technologies.

§ 4902. Program establishment and administration.

(a) The Department, in collaboration with local education agencies, shall establish and administer the Artificial Intelligence and Extended Reality in Schools Pilot Program to help schools procure and safely implement AI and XR products that improve student outcomes and engagement, assist educators in addressing student needs, and reduce workload and administrative burdens on educators. Subject to appropriation, the Department shall provide funding and offer technical support to schools selected to participate in the Program.

(b) Within 180 days following [the enactment date of this Act] the Department shall do all of the following:

(1) Based on criteria developed by the Department that uses standards for AI and XR in education and input from local education agencies to determine the best locations, select 12 schools representing diverse demographics to participate in the Program. The 12 selected schools must include all of the following:

a. One elementary school in each county and 1 elementary school in the City of Wilmington.

b. One middle school in each county and 1 middle school in the City of Wilmington.

c. One high school in each county and 1 high school in the City of Wilmington.

(2) Form a committee to do all of the following:

a. Study the best practices in other states and countries that use AI and XR in schools.

b. Review and recommend AI and XR products that best meet the Program’s goals, as provided in subsection (a) of this section. The recommended AI and XR products must safeguard student and educator information, including taking measures to prevent data breach, and follow state and federal guidelines for security and privacy.

(3)a. In collaboration with DTI and the DOJ staff that have expertise in technology security and privacy, finalize contracts for the participating schools to use the AI and XR products recommended by the committee.

b. The contracts must require the contracting parties to follow security and privacy guidelines that protect students, administrative personnel, participating schools, and the Department from a data breach. The contracts must include penalties for failing to follow these security and privacy guidelines. The Department may consult with experts to develop contracts that meet the requirements of this paragraph (b)(3)b.

(c) After contracts are finalized under paragraph (b)(3) of this section, the Department shall offer ongoing technical assistance to participating schools to best implement the AI and XR products to carry out the Program’s purpose, including providing guidance for using the products ethically, safely, responsibly, equitably, and effectively.

(d) The

Department

may

promulgate

regulations

as

required

to

administer

this

chapter.

§ 4903. Reporting requirements.

(a) The schools participating in the Program shall provide to the Department the data that the Department considers necessary to help assess the Program’s effectiveness. The data provided under this subsection may include 1 or more of the following:

(1) Quantitative metrics like academic, attendance, and student engagement data.

(2) Qualitative metrics like student and staff experience, equity for all learners, learning efficiency, and future readiness.

(3) Personalized metrics that assess the performance and impact of the AI and XR products and technologies, including mastery of a subject matter, student growth, engagement with the AI and XR products and technologies, percentage of tasks timely completed, and dropout rates.

(4) Other metrics, as determined by the Department.

(b)(1) The Department shall prepare a final report of the data provided under subsection (a) of this section. The final report must also include the Department’s analysis of the data, the Department’s recommendations for improving the Program, and the Department’s recommendation on whether the Program should be expanded or adjusted.

(2) No later than [the sunset date of the Act], the Department shall submit the final report to the Governor, the General Assembly, and the Director and the Librarian of the Division of Legislative Services.

Section 2. This Act expires 3 years after the Act’s enactment into law, unless extended by subsequent action of the General Assembly.

SYNOPSIS

An increasing number of schools and workplaces are investing in implementing artificial intelligence (AI) technology and extended reality (XR) technology, including virtual reality and augmented reality, to effectively teach children and train employees. In schools, AI and XR technologies help provide immersive and personalized learning experiences that enhance student engagement, proficiency, and mastery in core subjects. Recent studies and surveys show that using AI and XR technologies in schools leads to better student outcomes, including improved academic performance, higher test scores, and increased motivation. And AI technology, like Khanmigo, supports educators by reducing administrative burdens and allowing educators to focus on student needs. This helps prevent burnout and reduce turnover rates. Therefore, investing in implementing these technologies in Delaware public schools will support Delaware’s educational priorities, including increasing literacy, STEM proficiency, and career readiness.

This Act establishes a 3-year pilot program, called the Artificial Intelligence and Extended Reality in Schools Pilot Program (Program), to invest in using AI and XR technologies to improve education in Delaware schools. The Program is administered by the Delaware Department of Education (DOE). The DOE shall provide funding and offer technical support for participating schools to procure and safely implement AI and XR products that improve student outcomes and engagement, support educators in meeting student needs, and reduce workloads and administrative burdens on educators. Within 180 days following the date of this Act’s enactment into law, the DOE must do all of the following:

1. Select 12 schools to participate in the program. The 12 schools selected must include 1 elementary school from each of the counties and from the City of Wilmington, 1 middle school from each of the counties and from the City of Wilmington, and 1 high school from each of the counties and from the City of Wilmington.

2. Form a committee to study best practices in other states and countries for using AI and XR technologies in schools and review and recommend AI and XR products that best meet the needs of Delaware students and educators. The products recommended must safeguard data and follow state and federal guidelines for privacy and security.

3. In collaboration with the Department of Technology & Information and the Delaware Department of Justice, finalize contracts to procure the recommended AI and XR products. Additionally, the DOE may consult with technology privacy and safety experts to make sure that the contracts meet privacy and safety requirements.

Schools participating in the Program shall provide data that DOE considers necessary to help assess the Program’s effectiveness. The data may include certain quantitative, qualitative, and personalized metrics. The DOE shall prepare a final report that includes the data provided by the schools, the DOE’s analysis of the data, the DOE’s recommendations for improving the Program, and the DOE’s recommendation on whether the Program should be expanded or adjusted. No later than the sunset date of this Act, the DOE shall submit the final report to the Governor, the General Assembly, and the Director and Librarian of the Division of Legislative Services.

This Act expires 3 years after the Act’s enactment into law, unless extended by a subsequent action of the General Assembly.