HOUSE BILL 401
56th legislature - STATE OF NEW MEXICO - first session, 2023
Brian G. Baca
RELATING TO PUBLIC EDUCATION; RENAMING THE TECHNOLOGY FOR EDUCATION ACT AS THE DIGITAL EQUITY IN EDUCATION ACT; PROVIDING DEFINITIONS; PROVIDING PUBLIC EDUCATION DEPARTMENT DUTIES; PROVIDING RULEMAKING AUTHORITY; REPEALING THE EDUCATION TECHNOLOGY OPPORTUNITY PROGRAM AND OTHER SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-15A-1 NMSA 1978 (being Laws 1994, Chapter 96, Section 1, as amended) is amended to read:
"22-15A-1. SHORT TITLE.--Chapter 22, Article 15A NMSA 1978 may be cited as the "[Technology for] Digital Equity in Education Act"."
SECTION 2. Section 22-15A-2 NMSA 1978 (being Laws 1994, Chapter 96, Section 2) is amended to read:
"22-15A-2. DEFINITIONS.--As used in the [Technology for] Digital Equity in Education Act:
[A. "bureau" means the education technology bureau in the department of education;
B. "chief" means the chief of the bureau;
C.] A. "council" means the council on technology in education; [and]
B. "digital citizenship" means the safe, ethical, responsible and informed use of technology and encompasses a range of skills and literacies, including internet safety, privacy and security; recognition and reporting of cyberbullying; online reputation management; communication skills; information literacy; and creative credit and copyright;
C. "digital equity" means a condition in which every learner has the information, support and skills to equitably access affordable, reliable and high-speed internet; adequate internet-enabled devices; digital literacy training; quality technical support; and evidence-based applications and content designed to facilitate both self-sufficient and collaborative learning;
D. "educational technology" means [tools used in the educational process that constitute learning resources and may include closed circuit television systems, educational television and radio broadcasting, cable television, satellite, copper and fiber optic transmission, computer, video and audio laser and CD ROM discs, video and audio tapes or other technologies and the training, maintenance, equipment and computer infrastructure information, techniques and tools used to implement technology in classrooms and library and media centers] all applications of technology in the learning process, including internet connectivity, digital information, electronic devices and evidence-based software applications used to facilitate and enhance teaching and learning;
E. "large school district" means a school district with a membership of twelve thousand or more students, using an average of the membership on the second and third reporting dates of the prior year; and
F. "small school district" means a school district with a membership of fewer than twelve thousand students, using an average of the membership on the second and third reporting dates of the prior year."
SECTION 3. Section 22-15A-4 NMSA 1978 (being Laws 1994, Chapter 96, Section 4) is amended to read:
"22-15A-4. [BUREAU] DEPARTMENT DUTIES.--[In accordance with the policies and regulations of the state board, the bureau] The department shall:
A. administer the provisions of the [Technology for] Digital Equity in Education Act;
[B. develop a statewide plan for the integration of educational technology into the public schools and coordinate technology-related education activities with other state agencies, the federal government, business consortia and public or private agencies or individuals;
C. assist] B. require school districts and charter schools to develop, [and] implement [a strategic, long-term plan] and submit to the department educational technology plans for utilizing educational technology in the school system, which shall include descriptions of:
(1) how digital equity is being addressed for students;
(2) the replacement and repair process for devices issued to students, teachers and families;
(3) internet service connectivity support, including access to internet services for at-risk students;
(4) information technology support available to students, teachers and parents;
(5) professional development provided to teachers regarding digital citizenship;
(6) cybersecurity protection provided for the devices and applications issued to teachers and students; and
(7) identity protection provided to teachers and students; and
C. promulgate rules to establish parameters and procedures for distributions from the educational technology fund
[D. upon approval of a school district's technology plan, make distributions to school districts from the educational technology fund;
E. recommend funding mechanisms that will support the development and maintenance of an effective educational technology infrastructure in the state;
F. promote collaboration among government, business, educational organizations and telecommunications entities to expand and improve the use of technology in education;
G. assess and determine the educational technology needs of school districts; and
H. provide staff support for and coordinate the activities of the council]."
SECTION 4. Section 22-15A-5 NMSA 1978 (being Laws 1994, Chapter 96, Section 5) is amended to read:
"22-15A-5. COUNCIL ON TECHNOLOGY IN EDUCATION--CREATED--PURPOSE.--The "council on technology in education" is created. The council shall advise the [bureau the state board and the legislature] department regarding the establishment of appropriate educational technology standards, technology-enhanced curricula, instruction, appropriations for educational technology and [administrative resources and services for the public schools] methods for addressing digital equity in public schools."
SECTION 5. Section 22-15A-6 NMSA 1978 (being Laws 1994, Chapter 96, Section 6) is amended to read:
"22-15A-6. COUNCIL MEMBERSHIP.--
A. The council shall be composed of [seventeen] thirteen members. Members shall be appointed by the [state board] department for terms of four years. As designated by the [state board] department at the time of initial appointment, the terms of [five] four members shall expire at the end of two years, the terms of [five] four members shall expire at the end of three years and the terms of [seven] five members shall expire at the end of four years.
B. When appointing members, the [state board] department shall appoint:
(1) one member from state government who shall have expertise in [state government] information technology;
(2) the director of the office of broadband access and expansion of the department of information technology or the director's designee;
[(2) three] (3) two members who shall have expertise in school district administration, one member who shall be from a large school district and one member who shall be from a small school district;
[(3) two members who shall have expertise in providing instructional services in post-secondary, technical-vocational or adult education;]
(4) [three] two members who shall have expertise in providing [instructional services] technology-based instruction in elementary or secondary schools;
(5) one member from a large school district who shall have expertise in the education of Native American, English language learner, low-income or special education students;
(6) one member from a small school district who shall have expertise in the education of Native American, English language learner, low-income or special education students;
[(5) two members] (7) one member who shall be [parents] a parent of a school-age [children] child;
[(6) one member] (8) two members who shall be [a] public school secondary [student] students, one member who shall be from a large school district and one member from a small school district; and
[(7) three members who shall have expertise in educational technology; and
(8)] (9) two members at large.
C. In making appointments to the council, the [state board] department shall give due consideration to gender and ethnicity to achieve a membership representative of the geographic and cultural diversity of New Mexico.
D. Members of the council shall elect a [chairman] chair from among the membership. The council shall meet at the call of the [chairman] chair not less than quarterly.
E. Members of the council shall receive per diem and mileage pursuant to the provisions of the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance."
SECTION 6. Section 22-15A-7 NMSA 1978 (being Laws 1994, Chapter 96, Section 7, as amended by Laws 2007, Chapter 292, Section 8 and by Laws 2007, Chapter 293, Section 8) is amended to read:
"22-15A-7. COUNCIL DUTIES.--The council shall:
A. advise the [bureau] department on implementation of the provisions of the [Technology for] Digital Equity in Education Act;
B. work with the [bureau] department to conduct periodic assessments of the need for educational technology in the public school system to support on-site and distance learning and make recommendations to the department on how to meet those needs; and
C. promote the collaborative development and implementation of educational technologies, projects and practices to enhance on-site and distance learning instruction capabilities.
[D. develop and recommend to the department a statewide plan to infuse educational technology into the public school system in support of state and national education goals, including a statewide cyber academy plan that states short- and long-range goals for distance learning; and
E. provide assistance to the bureau in review of school district technology plans to support on-site and distance learning.]"
SECTION 7. Section 22-15A-8 NMSA 1978 (being Laws 1994, Chapter 96, Section 8) is amended to read:
"22-15A-8. EDUCATIONAL TECHNOLOGY FUND--CREATED.--The "educational technology fund" is created in the state treasury. Money in the fund is appropriated to the department [of education] for the purpose of implementing the provisions of the [Technology for] Digital Equity in Education Act. Money in the fund shall be distributed [in the manner provided in the Technology for] by the department for the purposes stated in the Digital Equity in Education Act to school districts and charter schools for educational technology. Money in the fund shall only be expended pursuant to warrants issued by the department of finance and administration pursuant to vouchers signed by the [chief or the state superintendent] secretary. Money in the fund shall not revert at the end of the fiscal year [but shall remain to the credit of the fund]."
SECTION 8. REPEAL.--
A. Sections 22-15A-3 and 22-15A-9 through 22-15A-13 NMSA 1978 (being Laws 1994, Chapter 96, Sections 3, 9 and 10, Laws 2005, Chapter 222, Sections 2 and 3, and Laws 2007, Chapter 292, Section 10 and Laws 2007, Chapter 293, Section 10, as amended) are repealed.
B. Sections 22-15B-1 and 22-15B-2 NMSA 1978 (being Laws 1999, Chapter 234, Sections 1 and 2) are repealed.
SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
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