Questions to ask an AI vendor before buying

Before approaching vendors, define the intended use. A teacher planning lessons and a student receiving automated feedback present different questions about data, supervision, and accuracy.

Ask vendors to answer in writing and identify the documents supporting their answers. Where a commitment matters to the purchasing decision, confirm that it appears in the agreement.

Student information

What information does the product collect? Ask about prompts, uploaded files, generated responses, account details, and usage records. Include information collected automatically or through connections to other school systems.

Is any of that information used to train or improve models? Ask whether the answer applies to the vendor and its underlying model providers. Establish whether restrictions are contractual, which settings affect them, and who can change those settings.

Who else receives or processes the information? Request a current list of subcontractors and model providers, their functions, and the protections that apply to them. Ask how the school is notified of changes and what options it has if a new provider is unacceptable.

Where is information stored and processed? Include backups, support access, and processing by other providers. Compare the answer with the school's requirements.

How long is information retained? Request specific periods for active records, logs, and backups. Establish what can be deleted during the agreement, what happens when it ends, and how deletion is confirmed.

What happens after a security incident? Ask when the school will be notified, what information and assistance it will receive, and who is responsible for investigation and recovery costs.

The Department of Education's model terms checklist offers a useful reference for reviewing educational technology agreements.

The agreement

Which terms govern this purchase? Request the full set: the order form, service agreement, data protection terms, privacy policy, and any incorporated documents. Confirm which provisions take priority if they conflict. An "education" label does not establish that the terms meet the school's needs.

Can the vendor change those terms? Ask what requires mutual agreement, what can change with notice, and whether the school can terminate if a material change is unacceptable.

How does the arrangement support the school's FERPA obligations? If the school intends to rely on the school official exception, ask how the agreement establishes control over the use and maintenance of education records. The school must determine whether the exception's conditions are met and who has authority to approve the arrangement. Our guide to AI and FERPA explains those conditions.

How are liability and indemnification allocated? Have the school's authorized reviewers examine the liability cap, its exceptions, and any obligation to cover another party's claims or losses. Ask what protection remains if an incident costs substantially more than the annual subscription.

The Department of Education recommends examining amendment, data protection, and indemnification provisions when reviewing online services. Online educational services guidance

The product

What evidence supports the claimed benefit? Ask for the underlying evaluation, including who conducted and funded it, what was measured, and which students or settings were involved. Distinguish evidence of improved learning from evidence that users liked the product or saved time.

How does the product handle incorrect or inappropriate output? Ask about known limitations, testing, reporting mechanisms, and teacher controls. Request a demonstration of how users inspect, correct, or reject a response.

Is the product designed for the intended users? Confirm supported ages, account requirements, supervision options, and differences between staff and student access. Ask which features administrators can restrict.

Can students and staff with disabilities use it effectively? Request a current Accessibility Conformance Report, often prepared using a VPAT. Check the product version, testing methods, known barriers, and plans for remediation. Test essential tasks with the assistive technologies used in the school; documentation alone does not establish usability. Accessibility procurement guidance

What will implementation require? Establish the staff time, training, technical support, and system connections needed. Ask which services are included in the price and which cost extra.

Renewal and exit

Can the school export its information and materials? Confirm formats, fees, time limits, and whether exports include teacher-created lessons, prompts, and configurations. Ask to see a sample export.

What rights does the school retain in material created through the product? Clarify ownership, the vendor's license to use that material, and whether staff can continue using it after the subscription ends.

What happens at renewal? Check automatic renewal, cancellation deadlines, price increases, minimum commitments, and charges tied to usage. Compare the likely ongoing cost with the introductory price.

What support is available when the school leaves? Establish the sequence for export, transition, account closure, and deletion before signing.

Evaluate the answers

Specific answers make review possible. They do not, by themselves, establish that a product is suitable. Compare each answer with the agreement, the evidence, and the school's intended use.

Record unresolved questions and assign them to the appropriate reviewer. A promise that affects the decision should be reflected in the contract; a feature essential to classroom use should be demonstrated and tested.

The purchasing decision should rest on commitments the school can verify and a product its staff and students can use successfully.