Maryland Family Fights AI-Based Cheating Allegation Against Daughter Amid Privacy Concerns

By FOX45
Posted on 10/08/24 | News Source: FOX45

Anne Arundel County, MD - Oct. 8, 2024  -  Time is running out for an Anne Arundel County family trying to clear their daughter’s name after she was accused of cheating in school.

But now, Project Baltimore has found the school system has some explaining to do.

Tara Davis is down to her last chance to save her daughter’s academic reputation.

“I never imagined that I'd have to go to these lengths,” said Davis, an Anne Arundel County parent.

Davis’s daughter, who asked not to be on camera, attends Broadneck High School in Anne Arundel County. Last school year, the now 11th grader, was accused by the district of using artificial intelligence to complete an English assignment. Her school does not have a policy concerning students using AI. Instead, she was found in violation of the district’s Academic Integrity policy for plagiarism, which now appears on her permanent record even though Davis’s daughter says she did not cheat.

“I just want that removed because we're heading into a season of college applications,” explained Davis.

To date, the family has filed five appeals with the district to remove the plagiarism violation from her record. The first four appeals have failed. Their fifth and final appeal currently rests with Anne Arundel County School Board President Robert Silkworth.

“Now, I'm just waiting for that answer to come back,” explained Davis. “I don't know which way it's going to go.”

But a Project Baltimore investigation into the process used to discipline Davis’s daughter is now raising questions that Anne Arundel County schools may have violated student privacy rights and acted improperly by using AI detection software.

When Davis’s daughter handed in her assignment, the school uploaded it to GPTZero, a website that promotes itself as “The trusted AI detector”. GPTZero determined with 90% probability the paper was written by artificial intelligence, and not a human.

But before uploading any material to GPTZero, users must agree to the website’s Terms of Service, which state that the person using the software is “the creator and owner” of the material or has the “permissions” to upload it. Users also must agree that their “Contributions do not violate the privacy or publicity rights of any third party.”

“The person who submitted your daughter's assignment, that is not their original work?” Asked Project Baltimore’s Chris Papst.

PTZero determined with 90% probability the paper was written by artificial intelligence, and not a human (WBFF)

“No,” answered Davis. She added that her daughter also did not give the school permission to upload the paper.

“It sounds like they should not be agreeing to send students assignments and work to a third party,” Davis told Project Baltimore.

But the potential issues don’t stop there. By uploading the assignment to GPTZero, Anne Arundel County Schools may have given a student’s private education record to a third party without permission, which could potentially be a violation of FERPA, the Federal Education Rights Privacy Act.

So, did Anne Arundel County Schools violate federal privacy laws?

Under FERPA a school generally may not disclose a student’s education records to a third party without prior written consent. Fox45 News emailed the U.S. Department of Education asking if Anne Arundel County School violated FERPA by uploading the assignment to GPTZero. The DOE replied saying it would have to conduct an “analysis of the case” to determine any violation.

“Do you believe that your daughter's educational rights were violated under FERPA?” Questioned Papst.

Davis replied, “Well, the way you read it, it seems that way.”

Maryland school potentially violates student privacy rights by using AI detector (WBFF)

Project Baltimore, last week, emailed Anne Arundel County Public Schools asking for an interview with President Silkworth or Superintendent Dr. Mark Bedell. We also asked if the district is concerned that it may have violated “federal student privacy laws”. And if the district acted in a fraudulent manner by agreeing to GPTZero’s Terms of Service.

The school system responded in an email writing, “Neither Dr. Bedell nor President Silkworth are available for comment on this matter because, as you indicated in your email, it is currently before the Board of Education on appeal. The subsequent questions you posed, while containing presumptions that are or may prove to be inaccurate, are part of that legal matter before the Board and Anne Arundel County Public Schools remains unable to comment on them.”

“I know this is happening to other kids,” Davis told Project Baltimore. “I think that the schools just need to take a step back, and they need to really think about what they're doing. It’s frustrating. It’s really frustrating.”