1. A. As used in this section, "wireless communication device" means a portable electronic device capable of transmitting voice, text or data, including a:

   1. (1) cellular phone, smartphone or smartwatch;
   2. (2) tablet computer;
   3. (3) laptop computer; or
   4. (4) gaming device.

2. 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. (1) prohibit a student from using a wireless communication device during instructional hours;
   2. (2) authorize a teacher to permit a student to use a wireless communication device for educational purposes during instructional hours;
   3. (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. (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. (5) provide protections for student privacy and confidentiality related to the permissible use of a wireless communication device at school;
   6. (6) provide for the permissible use of a wireless communication device during non-instructional hours; and
   7. (7) provide for consequences for violation of the wireless communication device policy.

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

   1. (1) text-to-speech, speech-to-text or other assistive technologies that aid in communication, navigation or learning; or
   2. (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.
4. 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.

ANNOTATIONS

Effective dates. — Laws 2025, ch. 155 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2025, 90 days after adjournment of the legislature.