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SENATE BILL 160
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Antonio Maestas
AN ACT
RELATING TO PUBLIC EDUCATION; REQUIRING THAT EACH SCHOOL
DISTRICT AND CHARTER SCHOOL ADOPT AND IMPLEMENT A POLICY FOR
THE USE OF WIRELESS COMMUNICATION DEVICES BY STUDENTS IN PUBLIC
SCHOOLS; REQUIRING THE PUBLIC EDUCATION DEPARTMENT TO PROVIDE
POLICY GUIDELINES; REQUIRING POLICY EVALUATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Public School Code is
enacted to read:
"[NEW MATERIAL] 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:
(1) cellular phone or smartphone;
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(2) tablet computer;
(3) laptop computer; or
(4) gaming device.
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
shall:
(1) prohibit a student from using a wireless
communication device during instructional hours;
(2) authorize a teacher to permit a student to
use a wireless communication device for educational purposes
during instructional hours;
(3) 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
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wireless communication device during non-instructional hours;
and
(7) provide for consequences for violation of
the wireless communication device policy.
C. After proper notification requirements for a
public meeting are satisfied, each school district or charter
school shall hold at least one public meeting, in person or
virtually, to allow for public comment regarding a proposed
wireless communication device policy.
D. A wireless communication device policy adopted
and implemented pursuant to this section shall not prohibit a
student from using a wireless communication device during
instructional hours 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.
E. 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.
F. School districts and charter schools shall
annually evaluate the effectiveness of their respective
wireless communication device policies and shall report the
findings to the department.
G. School districts and charter schools shall
provide training for teachers, administrators and staff on the
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effective implementation of the wireless communication device
policy, and the policy shall be communicated to students and
parents upon implementation and on an ongoing basis at the
beginning of each school year."
SECTION 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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