Actions: [1] SEC/SFC-SEC [2] DP-SFC [11] DNP-CS/DP - fl/a- PASSED/S (29-8) [12] HEC/HJC-HEC [16] DP-HJC [17] DP/a [18] fl/a- PASSED/H (59-4) [25] s/cncrd SGND BY GOV (Apr. 10) Ch.155.
Scheduled: Not Scheduled
Senate Bill 11 (SB 11) adds to Public School Code to define anti-distraction policy and require the Public Education Department to encourage school districts and charter schools to adopt such policies. Provides reimbursement for specialized equipment. SB 11 makes an appropriation.Legislation Overview:
Senate Bill 11 (SB 11) adds a new section to Public School Code as follows: SECTION 1 is titled ANTI-DISTRACTION POLICIES--DEPARTMENT DUTIES--REIMBURSEMENT.-- A. provides a definition as used in this section: anti-distraction policy means a policy that restricts student use of personal electronic devices during the school day. B. specifies the department shall encourage the adoption of anti-distraction policies and may reimburse a school district or charter school for the acquisition of specialized storage equipment necessary to implement an adopted anti-distraction policy. SECTION 2 appropriates $10,000,000 from the General Fund to the Public Education Department for expenditure in fiscal years 2026 through 2028 to reimburse schools for the acquisition of specialized storage equipment to implement an adopted anti-distraction policy. Any unexpended or unencumbered balance remaining at the end of Fiscal Year 2028 shall revert to the General Fund.Current Law:
Senate Bill 11 would add to Chapter 22, Article 5 NMSA 1978, which does not include an anti-distraction policy.Amendments:
CS/SB 11a is amended on the Senate Floor as follows: CS/SB 11a addressing Anti-Distraction Policy in schools amends SECTION 1 WIRELESS COMMUNICATION DEVICE in Subsection B, which requires the department shall issue guidelines that outline the minimum requirement for a wireless communications device that may (rather than shall) include the requirements specified in this subsection.Committee Substitute:
Senate Bill 11 (SB 11) is substituted by the Senate Finance Committee as Senate Bill CS/11 (CS/SB 11) as follows: CS/SB 11 inserts a new title: 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. The title is changed substantially to delete “anti-distraction” and to insert “use of wireless communication devices by students in public schools”. The title is changed to require each school district and charter school adopt and implement a policy and the Public Education Department to provide policy guidelines. “Providing for Reimbursement for the acquisition of specialized equipment necessary to implement an adopted anti-distraction policy” and the related appropriation are deleted. Section 1 has a new title: 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. Subsection A provides a definition for “wireless communication device” and provides a list of devices. SB 11 Subsection B is deleted. CS/SB 11 inserts Subsection B, C and D as follows: 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 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 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. 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. SB 11 Section 2 — Appropriation is deleted.