Technology’s Effect on Advocacy
When Harm Is Invisible: Litigating AI and EdTech Claims in California Classrooms By Micha Star Liberty
The Risks to Our Children
Artificial intelligence (AI) is rapidly expanding across every sector of society. California’s classrooms are not an exception. Students are continuously exposed to AI-powered educational technologies that collect data, monitor behavior, and increasingly influence educational decision-making, often without meaningful parental knowledge or consent and beyond the reach of effective legal remedies. Children, who lack the legal and developmental capacity to provide informed consent, and whose developmental vulnerabilities unfold over time, are among the populations most exposed to these technologies and the least protected from the harm they may cause. How should we, as legal practitioners, respond to a rapidly evolving technology reshaping children's educational experiences and development? What tools does California law provide, and how can we use them to protect children before harm occurs? This article explores those questions, examining the risks associated with AI and educational technology in our classrooms, surveying California's existing legal framework, identifying the principal doctrinal challenges that remain, and considering what more can be done to protect children as AI evolves.
In every school day, students generate continuous streams of personal data before the first class is even over: attendance records, behavioral logs, learning analytics, and digital footprints through educational technology platforms. The National Education Association has warned that AI-powered educational tools collect vast amounts of sensitive information and, without appropriate safeguards, that information is vulnerable to data breaches, misuse, and unethical surveillance. The rapid adoption of generative AI in schools has outpaced the development of clear institutional policies. When children turn to AI for guidance, a single inaccurate response may have consequences extending far beyond the classroom. The Stanford AI + Education Initiative observes that educators are making high-stakes decisions regarding the adoption and implementation of AI despite limited evidence demonstrating what actually works, for whom, and under what conditions. These concerns are echoed by recent research from the Brookings Institution's Center for Universal Education. It warns that excessive reliance on AI, particularly when used with minimal adult supervision, may undermine students' cognitive development while fostering dependence on automated systems. Among the long-term risks identified are diminished critical inquiry, increased vulnerability to manipulation, and reduced creativity. Unlike adults, children are still developing the metacognitive abilities and critical reasoning skills that schools are specifically designed to cultivate.
Micha Star Liberty is a trial lawyer, advocate for survivors, and author focused on trauma-informed legal practices and systemic change. Her passion stems from decades of representing victims of sexual assault and other injustices. Outside the courtroom, she owns Radiant Star Roasters, a coffee company dedicated to empowering women in the industry, and wrote Evolutionista , offering guidance and support for survivors and allies on the path to healing.
micha@libertylaw.com
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Consumer Attorneys of California
FORUM September/October 2026
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