EXCEPTIONS TO STUDENT USE OF PHONES

SB0023

SENATE BILL 23

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Crystal Brantley
and
Antonio Maestas

AN ACT

RELATING TO PUBLIC SCHOOLS; AMENDING THE REQUIREMENTS OF AND
EXCEPTIONS TO THE MANDATORY POLICY IMPLEMENTED BY A SCHOOL
DISTRICT OR CHARTER SCHOOL REGARDING STUDENT USE OF WIRELESS
COMMUNICATION DEVICES; REQUIRING THE PROHIBITION OF STUDENT USE
OF WIRELESS COMMUNICATION DEVICES DURING THE SCHOOL DAY;
AMENDING THE EDUCATION TECHNOLOGY INFRASTRUCTURE FUND TO ALLOW
GRANTS TO A SCHOOL DISTRICT OR CHARTER SCHOOL THAT IMPLEMENTS A
POLICY PROHIBITING STUDENT USE OF WIRELESS COMMUNICATION
DEVICES DURING THE SCHOOL DAY; INCLUDING A SCHOOL DISTRICT'S
IMPLEMENTATION OF THE POLICY PROHIBITING STUDENT USE OF
WIRELESS COMMUNICATION DEVICES AS PART OF THE CRITERIA FOR
EDUCATION TECHNOLOGY INFRASTRUCTURE GRANTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 22-1-17 NMSA 1978 (being Laws 2025,
Chapter 155, Section 1) is amended to read:

"22-1-17. WIRELESS COMMUNICATION DEVICE--DEFINITION--POLICY--USE OF DEVICE BY STUDENTS.--

A. As used in this section, "wireless communication
device" means a portable electronic device capable of
transmitting voice, text or data [
including a
]
or taking
photographs or recording videos and includes a
:

(1) cellular phone, smartphone or smartwatch;

(2) tablet computer;

(3) laptop computer; [
or
]

(4) gaming device;
or

(5) camera or video camera
.

B. [
No later than August 1, 2025
] Each school
district and charter school shall adopt and implement a
[
wireless communication device policy. The department shall
issue guidelines outlining the minimum requirements for a
wireless communication device policy, including that a policy
may: (1)
]
policy regarding student use of wireless
communication devices at public schools. The policy shall

prohibit a student from using a wireless communication device

at a public school
during [
instructional hours
]
the school day
and shall provide for consequences for violations of the policy
and procedures for confiscation and storage of prohibited
wireless communication devices. A policy may include
reasonable exceptions that
:

[
(2) authorize a teacher to
]
(1)
permit a
student to use a wireless communication device [
for educational
purposes during instructional hours
]
with an administrator's or
a teacher's prior consent; provided that such use shall be
limited to electronic listening, audio recording, photographing
or video recording for educational purposes; or

[
(3)
]
(2)
permit a student to use a wireless
communication device in the event of an emergency or to manage
the student's health care.

[
(4) permit a student to use a wireless
communication device for accessibility purposes, including
text-to-speech, speech-to-text or other assistive technologies
that aid in communication, navigation or learning;

(5) provide protections for student privacy
and confidentiality related to the permissible use of a
wireless communication device at school;

(6) provide for the permissible use of a
wireless communication device during non-instructional hours;
and

(7) provide for consequences for violation of
the wireless communication device policy.
]

C. A [
wireless communication device
] policy adopted
and implemented pursuant to this section shall not prohibit a
student from using during instructional hours:

(1) text-to-speech, speech-to-text or other
assistive technologies that aid in communication, navigation or
learning; or

(2) a wireless communication device if the use
of the device is a medical necessity, an accommodation for a
student with a disability or included in a student's
individualized education program.

D. Upon adoption of a wireless communication device
policy, each school district or charter school shall publish
the policy on the school district's or charter school's
website."

SECTION 2.
Section 63-9J-5 NMSA 1978 (being Laws 2025,
Chapter 82, Section 7) is amended to read:

"63-9J-5. EDUCATION TECHNOLOGY INFRASTRUCTURE FUND
CREATED--USE.--

A. The "education technology infrastructure fund"
is created in the state treasury. The fund consists of:

(1) appropriations, gifts, grants and
donations; and

(2) the proceeds of supplemental severance tax
bonds appropriated to the fund pursuant to Section 7-27-12.6
NMSA 1978 for education technology projects.

B. Disbursements from the fund shall be made upon
warrants drawn by the secretary of finance and administration
pursuant to vouchers signed by the director.

C. The fund may be expended annually by the
broadband office
for:

(1) grants
for education technology
infrastructure projects that are in conformance with the
standards and guidelines developed pursuant to [
this 2025 act
]

Laws 2025, Chapter 82
and grants to school districts for
education technology projects, including expenses for
management of such projects; provided that the total amount of
project management expense assistance from the fund per project
shall not exceed five percent of the project grant;
and

(2) grants to a school district or charter
school for projects to implement a policy regarding student use
of wireless communication devices in accordance with Section
22-1-17 NMSA 1978; provided that annual expenditures for these
project grants may not exceed one million dollars ($1,000,000)
.

D. The broadband office shall promulgate rules
necessary to administer the education technology infrastructure
fund."

SECTION 3.
Section 63-9J-7 NMSA 1978 (being Laws 2025,
Chapter 82, Section 9) is amended to read:

"63-9J-7. EDUCATION TECHNOLOGY INFRASTRUCTURE PROJECTS--APPLICATION--GRANT ASSISTANCE.--

A. Applications for grant assistance, approval of
applications, prioritization of projects and grant awards for
education technology infrastructure shall be conducted pursuant
to the provisions of this section.

B. The broadband office shall establish project
funding requirements and priority standards for school
districts by rule based on the following factors:

(1) school district geographic size and
population;

(2) school district population density;

(3) local property tax base;

(4) the current condition of education
technology infrastructure relative to the adequacy standards
established in collaboration with the public school capital
outlay council and public school facilities authority; and

(5) whether the broadband office has
designated the school district as a high-growth area pursuant
to Subsection C of this section.

C. The broadband office may designate an area that
equals a contiguous attendance area of one or more existing
schools as a high-growth area if it determines that within five
years of the grant allocation decision, the estimated use of
the proposed education technology infrastructure project will
exceed the functional capacity of the project as determined by
the broadband office by rule.

D. The broadband office shall apply the adequacy
standards to state-chartered charter schools to the same extent
that they are applied to other public schools.

E. The broadband office shall adopt and apply
adequacy standards appropriate to the unique needs of the
constitutional special schools.

F. In an emergency in which the health or safety of
students or school personnel is at immediate risk or in which
there is a threat of significant property damage, the broadband
office may award grant assistance for a project using criteria
other than the adequacy standards.

G. The broadband office shall, in collaboration
with the public school capital outlay council and the public
school facilities authority, establish criteria to be used in
education technology infrastructure projects that receive grant
assistance pursuant to the Broadband Access and Expansion Act.
In establishing the criteria, the broadband office shall
consider:

(1) the feasibility of using design, build and
finance arrangements for education technology infrastructure
projects;

(2) the potential use of more durable
construction materials that may reduce long-term operating
costs;

(3) concepts that promote efficient but
flexible use of space; and

(4) any other financing or construction
concept that may maximize the dollar effect of the state grant
assistance.

H. No application for grant assistance from the
fund shall be approved unless the broadband office determines
that:

(1) the education technology infrastructure
project is needed and included in the school district's five-year facilities plan among its top priorities;

(2) the school district has used its capital
resources in a prudent manner;

(3) the school district has provided insurance
for the
school
district's education technology infrastructure
in accordance with insurance requirements established by the
broadband office by rule;

(4) the school district has submitted an
education technology infrastructure plan that includes:

(a) enrollment projections;

(b) a current preventive maintenance
plan that has been approved by the broadband office and that is
followed by each public school in the
school
district; and

(c) the education technology
infrastructure needs of charter schools located in the school
district;

(5) the school district is willing and able to
pay any portion of the total cost of the education technology
infrastructure project that is not funded with grant assistance
from the fund;

(6) the application includes the education
technology infrastructure needs of any charter school located
in the school district, or the school district has shown that
the education technology infrastructure needs of the charter
school have a smaller deviation from the statewide adequacy
standards than other
school
district education technology
infrastructure included in the application; [
and
]

(7) the school district has agreed, in
writing, to comply with any reporting requirements or
conditions imposed by the broadband office pursuant to the
Broadband Access and Expansion Act;
and

(8) the school district has implemented a
policy regarding student use of wireless communication devices
in accordance with Section 22-1-17 NMSA 1978
.

I. After consulting with the public school
facilities authority and other experts, the broadband office
shall regularly review and update statewide adequacy standards
applicable to all school districts. Except as otherwise
provided in the Broadband Access and Expansion Act, the amount
of outstanding deviation from the standards shall be used by
the broadband office in evaluating and prioritizing education
technology infrastructure projects.

J. No later than November 1 of each year, the
broadband office shall prepare a report summarizing its
education technology infrastructure activities during the
previous fiscal year. The report shall describe in detail all
projects funded, the progress of projects previously funded but
not completed, the criteria used to prioritize and fund
projects and all other broadband office actions. The report
shall be submitted to the public education commission, the
governor, the legislative finance committee, the legislative
education study committee and the legislature."

SECTION 4.
APPLICABILITY.--The provisions of Section 1 of
this act apply to public schools in the:

A. 2026-2027 school year and subsequent school
years for sixth through eighth grades;

B. 2027-2028 school year and subsequent school
years for ninth through twelfth grades; and

C. 2028-2029 school year and subsequent school
years for kindergarten through fifth grade.

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