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White Plains, New York, office partners Emily Fernadez and Jana Farmer, along with Digital Childhood Council founder, Jill Coleman, coauthored “Perspectives: When the Lesson Plan Has No Author, Schools May Be Accountable,” appearing in the June 26, 2026, posting of Business Insurance. The article examines how generative artificial intelligence (GenAI) is challenging long-established legal frameworks governing a school's duty to supervise and protect students. The authors explain why GenAI differs from traditional rule-based AI, focusing on its lack of predictability, traceability, and explainability, and discuss the resulting implications for liability, insurance coverage, and risk management when schools authorize student access to these systems. The authors conclude that, until schools, insurers, and policymakers have greater clarity regarding legal obligations, contractual protections, and insurability, educational institutions should carefully evaluate whether granting students access to generative AI can withstand foreseeable liability challenges and consider whether pausing access may be the most prudent course.
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