SB 23 — EXCEPTIONS TO STUDENT USE OF PHONES

and = = 19 a l (2) the proceeds of supplemental severance tax i a e r 20 bonds appropriated to the fund pursuant to Section 7-27-12.6 a t m m 21 NMSA 1978 for education technology projects.

d r e 22 B.

Disbursements from the fund shall be made upon c e s k 23 warrants drawn by the secretary of finance and administration e a n b 24 pursuant to vouchers signed by the director.

u [ C.

The fund may be expended annually by the .233620.1GLG - 4 - 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 e t 17 fund." w l n d 18 SECTION 3.

Section 63-9J-7 NMSA 1978 (being Laws 2025, = = 19 a l Chapter 82, Section 9) is amended to read:

i a e r 20 "63-9J-7.

EDUCATION TECHNOLOGY INFRASTRUCTURE PROJECTS-- a t m m 21 APPLICATION--GRANT ASSISTANCE.-- d r e 22 A.

Applications for grant assistance, approval of c e s k 23 applications, prioritization of projects and grant awards for e a n b 24 education technology infrastructure shall be conducted pursuant u [ to the provisions of this section.

.233620.1GLG - 5 - 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 e t 17 schools as a high-growth area if it determines that within five w l n d 18 years of the grant allocation decision, the estimated use of = = 19 a l the proposed education technology infrastructure project will i a e r 20 exceed the functional capacity of the project as determined by a t m m 21 the broadband office by rule.

d r e 22 D.

The broadband office shall apply the adequacy c e s k 23 standards to state-chartered charter schools to the same extent e a n b 24 that they are applied to other public schools.

u [ E.

The broadband office shall adopt and apply .233620.1GLG - 6 - 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 e t 17 projects;

w l n d 18 (2) the potential use of more durable = = 19 a l construction materials that may reduce long-term operating i a e r 20 costs;

a t m m 21 (3) concepts that promote efficient but d r e 22 flexible use of space;

and c e s k 23 (4) any other financing or construction e a n b 24 concept that may maximize the dollar effect of the state grant u [ assistance.

.233620.1GLG - 7 - 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 e t 17 plan that has been approved by the broadband office and that is w l n d 18 followed by each public school in the school district;

and = = 19 a l (c) the education technology i a e r 20 infrastructure needs of charter schools located in the school a t m m 21 district;

d r e 22 (5) the school district is willing and able to c e s k 23 pay any portion of the total cost of the education technology e a n b 24 infrastructure project that is not funded with grant assistance u [ from the fund;

.233620.1GLG - 8 - (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 e t 17 shall regularly review and update statewide adequacy standards w l n d 18 applicable to all school districts.

Except as otherwise = = 19 a l provided in the Broadband Access and Expansion Act, the amount i a e r 20 of outstanding deviation from the standards shall be used by a t m m 21 the broadband office in evaluating and prioritizing education d r e 22 technology infrastructure projects.

c e s k 23 J.

No later than November 1 of each year, the e a n b 24 broadband office shall prepare a report summarizing its u [ education technology infrastructure activities during the .233620.1GLG - 9 - 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.

- 10 - e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .233620.1GLG