Civil Rights and the EdTech Revolution

Education technology (EdTech) products, like grading software and plagiarism detectors, have increasingly led to concerns over discrimination issues in schools. While, in some instances, schools can be held liable under the federal education civil rights statutes for these harms, that solution is insufficient. EdTech companies should themselves be held responsible. EdTech companies have not historically been understood to fall under these federal statutes, but this Article argues these companies can appropriately be governed by these laws as “recipients” of federal financial assistance. Most EdTech companies should qualify as “recipients” of federal financial assistance under one of three theories: they are either direct recipients, intended indirect recipients, or they exercise controlling authority over a federally funded program.