New Mexico Code § 22-1-17

Wireless communication device; definition; policy; use of device by students
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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, smartphone or smartwatch;
(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 may:
(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 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.
History: Laws 2025, ch. 155, § 1.

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