SB 23

                                1  SENATE BILL 23
                                2      57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Crystal Brantley and Antonio Maestas
                                5
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO PUBLIC SCHOOLS; AMENDING THE REQUIREMENTS OF AND
                                12   EXCEPTIONS TO THE MANDATORY POLICY IMPLEMENTED BY A SCHOOL
                                13   DISTRICT OR CHARTER SCHOOL REGARDING STUDENT USE OF WIRELESS
                                14   COMMUNICATION DEVICES; REQUIRING THE PROHIBITION OF STUDENT USE
                                15   OF WIRELESS COMMUNICATION DEVICES DURING THE SCHOOL DAY;
                                16   AMENDING THE EDUCATION TECHNOLOGY INFRASTRUCTURE FUND TO ALLOW
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                                17   GRANTS TO A SCHOOL DISTRICT OR CHARTER SCHOOL THAT IMPLEMENTS A
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                                18   POLICY PROHIBITING STUDENT USE OF WIRELESS COMMUNICATION
                                19   DEVICES DURING THE SCHOOL DAY; INCLUDING A SCHOOL DISTRICT'S
                                20   IMPLEMENTATION OF THE POLICY PROHIBITING STUDENT USE OF
                                21   WIRELESS COMMUNICATION DEVICES AS PART OF THE CRITERIA FOR
                                22   EDUCATION TECHNOLOGY INFRASTRUCTURE GRANTS.
                                23
                                24   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                25        SECTION 1.   Section 22-1-17 NMSA 1978 (being Laws 2025,
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                                1    Chapter 155, Section 1) is amended to read:
                                2  "22-1-17.    WIRELESS COMMUNICATION DEVICE--DEFINITION--
                                3    POLICY--USE OF DEVICE BY STUDENTS.--
                                4  A.     As used in this section, "wireless communication
                                5    device" means a portable electronic device capable of
                                6    transmitting voice, text or data [including a] or taking
                                7    photographs or recording videos and includes a:
                                8  (1)   cellular phone, smartphone or smartwatch;
                                9  (2)   tablet computer;
                                10  (3)   laptop computer; [or]
                                11  (4)   gaming device; or
                                12  (5)   camera or video camera.
                                13  B.     [No later than August 1, 2025] Each school
                                14   district and charter school shall adopt and implement a
                                15   [wireless communication device policy.        The department shall
                                16   issue guidelines outlining the minimum requirements for a
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                                17   wireless communication device policy, including that a policy
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                                18   may:   (1)] policy regarding student use of wireless
                                19   communication devices at public schools.        The policy shall
                                20   prohibit a student from using a wireless communication device
                                21   at a public school during [instructional hours] the school day
                                22   and shall provide for consequences for violations of the policy
                                23   and procedures for confiscation and storage of prohibited
                                24   wireless communication devices.      A policy may include
                                25   reasonable exceptions that:
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                                1  [(2)   authorize a teacher to] (1)   permit a
                                2    student to use a wireless communication device [for educational
                                3    purposes during instructional hours] with an administrator's or
                                4    a teacher's prior consent; provided that such use shall be
                                5    limited to electronic listening, audio recording, photographing
                                6    or video recording for educational purposes; or
                                7  [(3)] (2)    permit a student to use a wireless
                                8    communication device in the event of an emergency or to manage
                                9    the student's health care.
                                10  [(4)   permit a student to use a wireless
                                11   communication device for accessibility purposes, including
                                12   text-to-speech, speech-to-text or other assistive technologies
                                13   that aid in communication, navigation or learning;
                                14  (5)    provide protections for student privacy
                                15   and confidentiality related to the permissible use of a
                                16   wireless communication device at school;
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                                17  (6)    provide for the permissible use of a
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                                18   wireless communication device during non-instructional hours;
                                19   and
                                20  (7)    provide for consequences for violation of
                                21   the wireless communication device policy.]
                                22  C.   A [wireless communication device] policy adopted
                                23   and implemented pursuant to this section shall not prohibit a
                                24   student from using during instructional hours:
                                25  (1)    text-to-speech, speech-to-text or other
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                                1    assistive technologies that aid in communication, navigation or
                                2    learning; or
                                3  (2)   a wireless communication device if the use
                                4    of the device is a medical necessity, an accommodation for a
                                5    student with a disability or included in a student's
                                6    individualized education program.
                                7  D.   Upon adoption of a wireless communication device
                                8    policy, each school district or charter school shall publish
                                9    the policy on the school district's or charter school's
                                10   website."
                                11        SECTION 2.    Section 63-9J-5 NMSA 1978 (being Laws 2025,
                                12   Chapter 82, Section 7) is amended to read:
                                13        "63-9J-5.    EDUCATION TECHNOLOGY INFRASTRUCTURE FUND
                                14   CREATED--USE.--
                                15  A.   The "education technology infrastructure fund"
                                16   is created in the state treasury.      The fund consists of:
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                                17  (1)   appropriations, gifts, grants and
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                                18   donations; and
                                19  (2)   the proceeds of supplemental severance tax
                                20   bonds appropriated to the fund pursuant to Section 7-27-12.6
                                21   NMSA 1978 for education technology projects.
                                22  B.   Disbursements from the fund shall be made upon
                                23   warrants drawn by the secretary of finance and administration
                                24   pursuant to vouchers signed by the director.
                                25  C.   The fund may be expended annually by the
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                                1    broadband office for:
                                2  (1)   grants for education technology
                                3    infrastructure projects that are in conformance with the
                                4    standards and guidelines developed pursuant to [this 2025 act]
                                5    Laws 2025, Chapter 82 and grants to school districts for
                                6    education technology projects, including expenses for
                                7    management of such projects; provided that the total amount of
                                8    project management expense assistance from the fund per project
                                9    shall not exceed five percent of the project grant; and
                                10  (2)   grants to a school district or charter
                                11   school for projects to implement a policy regarding student use
                                12   of wireless communication devices in accordance with Section
                                13   22-1-17 NMSA 1978; provided that annual expenditures for these
                                14   project grants may not exceed one million dollars ($1,000,000).
                                15  D.     The broadband office shall promulgate rules
                                16   necessary to administer the education technology infrastructure
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                                17   fund."
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                                18        SECTION 3.    Section 63-9J-7 NMSA 1978 (being Laws 2025,
                                19   Chapter 82, Section 9) is amended to read:
                                20        "63-9J-7.    EDUCATION TECHNOLOGY INFRASTRUCTURE PROJECTS--
                                21   APPLICATION--GRANT ASSISTANCE.--
                                22  A.     Applications for grant assistance, approval of
                                23   applications, prioritization of projects and grant awards for
                                24   education technology infrastructure shall be conducted pursuant
                                25   to the provisions of this section.
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                                1  B.   The broadband office shall establish project
                                2    funding requirements and priority standards for school
                                3    districts by rule based on the following factors:
                                4  (1)   school district geographic size and
                                5    population;
                                6  (2)   school district population density;
                                7  (3)   local property tax base;
                                8  (4)   the current condition of education
                                9    technology infrastructure relative to the adequacy standards
                                10   established in collaboration with the public school capital
                                11   outlay council and public school facilities authority; and
                                12  (5)   whether the broadband office has
                                13   designated the school district as a high-growth area pursuant
                                14   to Subsection C of this section.
                                15  C.   The broadband office may designate an area that
                                16   equals a contiguous attendance area of one or more existing
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                                17   schools as a high-growth area if it determines that within five
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                                18   years of the grant allocation decision, the estimated use of
                                19   the proposed education technology infrastructure project will
                                20   exceed the functional capacity of the project as determined by
                                21   the broadband office by rule.
                                22  D.   The broadband office shall apply the adequacy
                                23   standards to state-chartered charter schools to the same extent
                                24   that they are applied to other public schools.
                                25  E.   The broadband office shall adopt and apply
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                                1    adequacy standards appropriate to the unique needs of the
                                2    constitutional special schools.
                                3  F.   In an emergency in which the health or safety of
                                4    students or school personnel is at immediate risk or in which
                                5    there is a threat of significant property damage, the broadband
                                6    office may award grant assistance for a project using criteria
                                7    other than the adequacy standards.
                                8  G.   The broadband office shall, in collaboration
                                9    with the public school capital outlay council and the public
                                10   school facilities authority, establish criteria to be used in
                                11   education technology infrastructure projects that receive grant
                                12   assistance pursuant to the Broadband Access and Expansion Act.
                                13   In establishing the criteria, the broadband office shall
                                14   consider:
                                15  (1)   the feasibility of using design, build and
                                16   finance arrangements for education technology infrastructure
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                                17   projects;
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                                18  (2)   the potential use of more durable
                                19   construction materials that may reduce long-term operating
                                20   costs;
                                21  (3)   concepts that promote efficient but
                                22   flexible use of space; and
                                23  (4)   any other financing or construction
                                24   concept that may maximize the dollar effect of the state grant
                                25   assistance.
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                                1  H.   No application for grant assistance from the
                                2    fund shall be approved unless the broadband office determines
                                3    that:
                                4  (1)   the education technology infrastructure
                                5    project is needed and included in the school district's five-
                                6    year facilities plan among its top priorities;
                                7  (2)   the school district has used its capital
                                8    resources in a prudent manner;
                                9  (3)   the school district has provided insurance
                                10   for the school district's education technology infrastructure
                                11   in accordance with insurance requirements established by the
                                12   broadband office by rule;
                                13  (4)   the school district has submitted an
                                14   education technology infrastructure plan that includes:
                                15  (a)   enrollment projections;
                                16  (b)   a current preventive maintenance
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                                17   plan that has been approved by the broadband office and that is
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                                18   followed by each public school in the school district; and
                                19  (c)   the education technology
                                20   infrastructure needs of charter schools located in the school
                                21   district;
                                22  (5)   the school district is willing and able to
                                23   pay any portion of the total cost of the education technology
                                24   infrastructure project that is not funded with grant assistance
                                25   from the fund;
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                                1  (6)   the application includes the education
                                2    technology infrastructure needs of any charter school located
                                3    in the school district, or the school district has shown that
                                4    the education technology infrastructure needs of the charter
                                5    school have a smaller deviation from the statewide adequacy
                                6    standards than other school district education technology
                                7    infrastructure included in the application; [and]
                                8  (7)   the school district has agreed, in
                                9    writing, to comply with any reporting requirements or
                                10   conditions imposed by the broadband office pursuant to the
                                11   Broadband Access and Expansion Act; and
                                12  (8)   the school district has implemented a
                                13   policy regarding student use of wireless communication devices
                                14   in accordance with Section 22-1-17 NMSA 1978.
                                15  I.   After consulting with the public school
                                16   facilities authority and other experts, the broadband office
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                                17   shall regularly review and update statewide adequacy standards
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                                18   applicable to all school districts.   Except as otherwise
                                19   provided in the Broadband Access and Expansion Act, the amount
                                20   of outstanding deviation from the standards shall be used by
                                21   the broadband office in evaluating and prioritizing education
                                22   technology infrastructure projects.
                                23  J.   No later than November 1 of each year, the
                                24   broadband office shall prepare a report summarizing its
                                25   education technology infrastructure activities during the
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                                1    previous fiscal year.   The report shall describe in detail all
                                2    projects funded, the progress of projects previously funded but
                                3    not completed, the criteria used to prioritize and fund
                                4    projects and all other broadband office actions.   The report
                                5    shall be submitted to the public education commission, the
                                6    governor, the legislative finance committee, the legislative
                                7    education study committee and the legislature."
                                8  SECTION 4.   APPLICABILITY.--The provisions of Section 1 of
                                9    this act apply to public schools in the:
                                10  A.   2026-2027 school year and subsequent school
                                11   years for sixth through eighth grades;
                                12  B.   2027-2028 school year and subsequent school
                                13   years for ninth through twelfth grades; and
                                14  C.   2028-2029 school year and subsequent school
                                15   years for kindergarten through fifth grade.
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