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What California's 2026 AI laws require of schools and colleges

California enacted nine laws with AI provisions for schools and colleges in 2026, from a ban on training AI with student data to a rule that a person must be the instructor of record at California State University. Its districts also now have a state model AI policy, written under a 2024 law.

By Edictai18 October 2026Data as of October 2026

Key points

  • AB 1159 bars operators of school-purpose apps and services from using student information to train or develop AI, and extends similar protections to college students from July 1, 2027.
  • AB 2392 requires the community colleges and CSU, and asks UC, to set joint standards for buying generative AI and training students and staff on it.
  • SB 928 and a 2025 law, SB 241, require the instructor of record at CSU and the community colleges to be a qualified person.
  • Three health-education laws add deepfakes, AI misuse or responsible AI use to what the state's health instruction covers or must consider.

As of October 2026, Edictai's records show ten California bills signed in 2026 that had AI provisions at some stage. In one of them, AB 2148, the AI provisions were removed by amendment before it passed. The other nine reach student privacy, college purchasing, the role of faculty, health instruction and workforce training.

Student data and AI training

AB 1159, signed on September 10, amends the state's student online privacy laws for K-12 and preschool. Operators of websites, services and apps used for school purposes may not use covered student information to train a generative AI system or develop an AI system1. The law also creates a Higher Education Student Information Protection Act, operative July 1, 2027, that applies similar protections to students at colleges and universities2.

Rules for buying and teaching with generative AI in college

AB 2392, signed on September 30, requires the California Community Colleges chancellor's office and the California State University to convene an intersegmental working group with the University of California, which the law requests rather than requires to take part3. The group must present recommended procurement standards and training to system leaders by January 1, 20284. The systems must then provide the training to students, faculty or staff5. Until standards are adopted, they must report each systemwide generative AI contract to the Legislature, naming the vendor, the intended use and who will have access6.

A person at the front of the class

Two laws address who teaches a college course. SB 241, signed in October 2025, requires the instructor of record for a community college course to meet the minimum qualifications for faculty7. SB 928, signed in August 2026, sets the same rule for the California State University: the instructor of record must be a person who meets the trustees' rule for faculty service8. Both laws state that staff may still use AI tools in operations and student services.

These laws follow AB 2370 of 2024. As introduced, that bill would have barred AI from replacing community college faculty and allowed it only as a peripheral tool. The version signed into law kept only the instructor-of-record requirement9.

Deepfakes and AI in health instruction

AB 1792 adds a section to the Education Code so that sexual health instruction covers digital and online safety, including the risks of deepfakes and the misuse of generative AI10. AB 1766 requires the Instructional Quality Commission, at the next revision of the health curriculum framework, to consider content on staying safe from sexually exploitative materials and deepfakes online11. SB 1133 requires the commission to consider information on the impacts and responsible use of AI when the health framework is next revised on or after January 1, 202712.

AB 2071 requires the State Department of Education to develop, by January 1, 2028, a plan to expand digital wellness instruction, including how to keep the curriculum current with AI technology13. These laws sit alongside a 2024 law, AB 2876, under which the commission must consider adding AI literacy to the mathematics, science and history-social science frameworks at their next revision14.

Funding and workforce

The education omnibus trailer bill, AB 126, funds the California Educators Together online repository, which must include guidance and resources on safeguards for new technology in schools, including AI15. AB 2504 directs the community college chancellor, once money is appropriated, to set up a pilot at up to 10 colleges to retrain creative-industry workers displaced or at risk of displacement by generative AI16. Separately, Executive Order N-6-26, signed in May 2026, asks higher education institutions to look at adding on-the-job training to degree programs as part of the state's response to AI in the workforce17.

Table 1. California bills with AI provisions signed in 2026
MeasureSignedWhat it does on AI
AB 214830 Jun 2026AI provisions removed by amendment
AB 1269 Jul 2026Funds an educator repository that covers AI safeguards
SB 113322 Aug 2026Health framework to consider responsible AI use
SB 92827 Aug 2026CSU instructor of record must be a qualified person
AB 115910 Sep 2026Bars use of student information to train or develop AI
AB 207110 Sep 2026Digital wellness plan that keeps pace with AI
AB 179218 Sep 2026Sexual health instruction covers deepfakes and AI misuse
AB 250418 Sep 2026Community college pilot for workers displaced by generative AI
AB 239230 Sep 2026Generative AI procurement standards and training in public higher education
AB 176630 Sep 2026Health framework to consider deepfake safety

Source: Edictai records, October 2026.

The state's model policy for districts

California does not require districts to adopt an AI policy. Instead, SB 1288 of 2024 required a state working group, at least half of whose members are credentialed teachers, to write a model policy for local educational agencies and charter schools by July 1, 202618. The Department of Education published that model in June 2026. It is not binding, and districts may adapt it19.

The model says AI detection software should not be the sole basis for discipline or a grade penalty19. It calls for AI tools that bar the use of student data to train public AI models or for advertising20, and it keeps final grading authority with the educator of record even when AI drafts feedback21. It also asks that vendor contracts include breach notification, audit rights and data deletion when the contract ends22.

What did not pass

A concurrent resolution encouraging the three public higher education systems to form a joint workgroup on AI in higher education did not pass23. A bill requiring the Department of Education to study nonconsensual AI-generated intimate images involving K-12 students remains in committee24.

Notes

  1. California, AB 1159, Student personal information (Became law, 10 Sep 2026). Sec. 1, Business and Professions Code 22584, paragraph (5).Use covered information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application to train a generative artificial intelligence system or service or develop an artificial intelligence system.
  2. California, AB 1159, Student personal information (Became law, 10 Sep 2026). Legislative Counsel's Digest.This bill would also enact the Higher Education Student Information Protection Act (HESIPA), which would generally protect the personal information of a student enrolled in a higher education institution, as defined, in a similar manner as KOPIPA and ELPIPA.
  3. California, AB 2392, Public postsecondary education: generative artificial intelligence systems: procurement standards: training (Became law, 30 Sep 2026). Sec. 1, new Article 14 (66098.1(a)).Jointly convene and participate in an intersegmental working group to develop standards for responsible GenAI training and procurement, as follows:
  4. California, AB 2392, Public postsecondary education: generative artificial intelligence systems: procurement standards: training (Became law, 30 Sep 2026). Sec. 1, new Article 14 (66098.1(a)(3)(C)).On or before January 1, 2028, present its recommendations for procurement standards and training developed pursuant to subparagraphs (A) and (B) to the respective system leaders.
  5. California, AB 2392, Public postsecondary education: generative artificial intelligence systems: procurement standards: training (Became law, 30 Sep 2026). Sec. 1, new Article 14 (66098.1(b)(1)).Provide the training developed pursuant to subparagraph (B) of paragraph (3) of subdivision (a) to students, faculty, or staff, as applicable.
  6. California, AB 2392, Public postsecondary education: generative artificial intelligence systems: procurement standards: training (Became law, 30 Sep 2026). Sec. 1, new Article 14, section on reports of systemwide GenAI contracts, (a).The GenAI system that was procured, including the vendor name, the intended use, and the population of students, faculty, or staff who will have access to the system.
  7. California, SB 241, Community colleges: personnel: qualifications (Became law, 1 Oct 2025). Sec. 1, amended 87359.2(a).The instructor of record for a course of instruction shall be a person who meets the minimum qualifications to serve as a faculty member teaching credit instruction or a faculty member teaching noncredit instruction
  8. California, SB 928, California State University: faculty employees (Became law, 27 Aug 2026). Sec. 1, new 89500.3(b).The instructor of record for a course of instruction shall be a person who meets the rule to serve as a faculty employee teaching credit instruction or a faculty employee teaching noncredit instruction established pursuant to Section 89500.
  9. California, AB 2370, Community colleges: faculty: instructor of record: qualifications (Became law, 2 Jul 2024). Introduced, Sec. 1, new Section 87709.Artificial intelligence shall not be used to replace faculty for purposes of providing academic instruction to, and regular interaction with, students in a course of instruction, and may only be used as a peripheral tool to support faculty in carrying out those tasks
  10. California, AB 1792, Pupil instruction: health framework: sexual health (Became law, 18 Sep 2026). Education Code 51900.3(b)(1).The knowledge and skills necessary to understand digital and online safety, including the risks associated with nonconsensual intimate imagery, deepfakes, online grooming, sextortion, stalking, and the misuse of generative artificial intelligence.
  11. California, AB 1766, Health curriculum framework: human trafficking and online safety (Became law, 30 Sep 2026). Education Code 33546.5.How to stay safe from sexually exploitative materials and deepfakes online, including information on reporting processes and pupil rights
  12. California, SB 1133, Pupil instruction: preventative health instruction (Became law, 22 Aug 2026). Sec. 2, new 33546.7(d).The impacts and responsible use of social media, artificial intelligence, and digital platforms.
  13. California, AB 2071, Pupil instruction: digital wellness (Became law, 10 Sep 2026). Sec. 3, amended 51929(b).On or before January 1, 2028, the department shall develop a plan to expand digital wellness instruction in California public schools. This plan shall include all of the following:
  14. California, AB 2876, Pupil instruction: media literacy: artificial intelligence literacy: curriculum frameworks: instructional materials (Became law, 29 Sep 2024). Sec. 1, Education Code 33548(d)(1).The commission shall consider incorporating AI literacy content into the mathematics, science, and history-social science curriculum frameworks when those frameworks are next revised after January 1, 2025.
  15. California, AB 126, Education finance: education omnibus trailer bill (Became law, 9 Jul 2026). Section on California Educators Together repository, subd. (c)(3).Guidance and resources for educators and pupils dedicated towards protecting pupils online, cultivating media and digital literacy, and establishing safeguards for use of new and emerging technology in schools, including artificial intelligence.
  16. California, AB 2504, Community colleges: artificial intelligence: pilot program (Became law, 18 Sep 2026). Sec. 1, new 78026.2(a)(3)(A).who have been or are at risk of being displaced by generative artificial intelligence, including sound engineers, voice actors, concept artists, and employees in entry-level positions, by providing structured reskilling and upskilling opportunities through the California Community Colleges.
  17. California, N-6-26, Executive Order N-6-26 on preparing workers and businesses for AI disruption (Signed 21 May 2026). Order para. 12, p. 6.Evaluate opportunities to include on-the-job training as part of their comprehensive academic offerings, including but not limited to BA/AA programs, aligning apprenticeships and training that lead to employment for recent graduates.
  18. California, SB 1288, Public schools: artificial intelligence working group (Became law, 28 Sep 2024). Sec. 2, Education Code 33328.5(d)(4).On or before July 1, 2026, develop a model policy for local educational agencies and charter schools regarding the safe and effective use of artificial intelligence in ways that benefit, and do not negatively impact, pupils and educators.
  19. California, Model Policy: Artificial Intelligence In Education (Published 25 Jun 2026). Model Policy, AI Detection Software.AI detection software should not be used as the sole basis for disciplinary action or grade penalty.
  20. California, Model Policy: Artificial Intelligence In Education (Published 25 Jun 2026). Model Policy, Privacy by Design.All AI tools should protect student data, prohibit its use for training public AI models or advertising, and maintain strong security safeguards against data breaches.
  21. California, Model Policy: Artificial Intelligence In Education (Published 25 Jun 2026). Model Policy, Grading and Assessment.Regardless of whether AI is used to generate draft feedback, the educator of record retains sole authority to determine final grades.
  22. California, Model Policy: Artificial Intelligence In Education (Published 25 Jun 2026). Model Policy, Vendor Contractual Safeguards.All AI vendor contracts should include enforceable provisions protecting student data privacy and security, including breach notification requirements, audit rights, data deletion upon contract termination, and vendor accountability for unauthorized use of student data.
  23. California, SCR 82, Public higher education: artificial intelligence usage (Did not pass, 2026). Legislative Counsel's Digest.the Chancellor of the California Community Colleges to create a workgroup of faculty, staff, and administrators to review the use of artificial intelligence in higher education
  24. California, AB 2291, Pupil safety: nonconsensual artificial intimate images: study (In committee, 19 Mar 2026). Sec. 1, new 33319.7(a).The department shall conduct a study on nonconsensual artificial intimate images involving pupils in kindergarten and grades 1 to 12, inclusive.

About this article

Written by Claude, an AI model, from Edictai’s records and research library. Before publication, every note is checked automatically against the record or study it cites. Descriptions are as of the data release named above.

Corrections: none.

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