Home > Resources > Digital Equity in Practice: A Conversation with Representative Brian Baca about the New Mexico Digital Equity in Education Act

Digital Equity in Practice: A Conversation with Representative Brian Baca about the New Mexico Digital Equity in Education Act

Innovations driven by both emerging technology and necessity, such as the COVID-19 pandemic, scaled various means of providing in-classroom, blended, and remote instruction. But while some education institutions have the infrastructure and funding to be early adopters of educational technology and integrated learning systems, these opportunities are not universal, creating a digital divide that encompasses everything from access to physical devices, to accessible high-speed home internet, and opportunities to learn in classrooms where educators have developed expertise in incorporating technology into effective instruction.  

Additionally, in our increasingly digital world, students who graduate with in-depth knowledge and experience in emerging technologies have a competitive advantage that is quickly becoming a minimum requirement for many high skill, high wage, in-demand careers. Students also need skills in navigating an increasingly complex digital landscape as good digital citizens, made increasingly complicated by the accelerating use of AI in both education and the workforce, and the fact that our students are usually earlier adopters than our school and district leaders to new online communities. 

In the midst of these complex policy issues, New Mexico has been leading important work in redefining digital equity1For more on digital equity and policy proposals to address this critical issues, please see All4Ed’s State Policy Center, Digital Equity, available here: https://all4ed.org/digital-equity-access-and-opportunity-in-the-digital-age/ and in moving forward a plan for every district in the state to focus on this critical issue. On April 5, 2023, New Mexico enacted the Digital Equity in Education Act. Sponsored by Representative Brian G. Baca, this legislation made critical changes to the way New Mexico was conceptualizing and addressing digital equity. Most notably this legislation:  

  • Redefines digital equity, digital citizenship, and educational technology. The legislation updates these definitions to reflect the reality of digital services, platforms, and devices used by educators and students for both in- and out-of-classroom learning and to ensure that digital equity includes all holistic supports students and families need to fully and effectively access and utilize these technologies;
  • How digital equity is being addressed for students; 
  • The replacement and repair process for devices issued to students, teachers, and families; 
  • Internet service connectivity support, including access to internet services ; 
  • Information technology support available to students, teachers, and parents; 
  • Professional development provided to teachers regarding digital citizenship; 
  • Cybersecurity protection provided for the devices and applications issued to teachers and students; and 
  • Identity protection provided to teachers and students;
  • Redefines the state’s Council on Technology in Education to focus on digital equity and includes participation on the Council by educators, parents, and students; and 
  • Makes funds available for the implementation of the Act through the state’s education technology fund. 

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.

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.

Definitions from the Digital Equity in Education Act (New Mexico)

To understand more about this critical work, All4Ed spoke with Representative Brian Baca (R-New Mexico), the sponsor of the Digital Equity in Education Act (HB 401) and a member of New Mexico House Education Committee. When not serving his state in the legislature, Rep. Baca is the Deputy Superintendent of Los Lunas Public Schools. 

Below is a brief recap of that conversation edited for length.

Can you tell us a little about how the Digital Equity in Education Act was developed? 

Really the credit goes to the unsung heroes behind the scenes: our analysts, our committees, our staff, in collaboration with our Public Education Department. These are the folks who are trying to find not only good policy but also address a need that we have in our community and in our state. And so that’s how [this work on digital equity and the Digital Equity in Education Act] came about– because of the impact of COVID and because an essential part of education is to have access to not only broadband technology, but to make sure we were able to give that access to all kids. So, I want to first and foremost say that the brain power behind this actually came from our analysts who are absolutely the heart and soul of what we do for kids. 

What was the process like getting this bill to pass the legislature? How easy was that path forward, or how hard?  

The Education Committee that we have is very bipartisan. It’s very collaborative. The fact is many of us are either current or former educators. And so, when we were looking at this, we understood how important it is for kids to have access [to educational technology, like broadband and devices] so that they can access and participate meaningfully in their education. And so, it was actually met with great support. I give credit to my colleagues on the Education Committee. When we look at policy, we look for good policy. What’s good for kids and good for schools, regardless of who presents it, regardless of what letter you have behind your name. And so, when we talked about this, the conversation was very positive. Everybody understood what it was, and it moved forward very quickly. 

What do you think makes that kind of bipartisan collaboration possible in New Mexico? What advice do you have for policymakers on other committees asking, “how do we get there?”  

I’m going to tell you that whether in business, in politics, or in education, it’s all about the relationship. And as we try to find that common ground, I know what my purpose is when I sit in that seat. When I sit here at my desk [as Deputy Superintendent], I represent my school district in my community. When I sit in that big chair up in Santa Fe, I represent all 2 million citizens of New Mexico. And so, when we understand that and when we really are there to serve, I think that makes it very different. And my colleagues will tell you that we have built that professional rapport, that courtesy. I think that there’s that level of commitment there. And I think that’s really what it is.  

New Mexico is a small state population-wise, there are 70 representatives, 42 senators. And we actually genuinely like each other, and we have that collegiality. It doesn’t mean we always agree and that doesn’t mean that we don’t sometimes have those lengthy debates. But especially in the Education Committee, if we focus on that common vision of what’s good for people and especially good for kids, it becomes very simple. I know that it’s not like that everywhere else, but there still is enough of that small town kind of mentality that we can find common ground on many, many things. 

There are so many exciting aspects of this legislation and this program, but we are curious what was the driving force behind some of the decisions like redefining or adding definitions for education technology, digital equity and digital citizenship and including education, parent, and student voice on the Council for Technology and Education?  

Well, that’s why I give credit to a lot of the analysts and these folks that work behind the scenes. In many of the conversations we’re talking about, “What do we need? What do we want to accomplish with this?” That’s always what we have to stand for. [And asking] what is it that we have to clarify, because one of the things that we always struggle with is what is written down on paper and what is the legislative intent of it. And we wanted to provide enough clarity in it so that there was not misunderstanding, and that this could be easily understood, and get the voice from various stakeholders. As we look at this, I can tell you that everybody looks at things through a different lens and it’s gathering those bits and pieces that will help to make this more effective and more meaningful, which greatly ensures its probability of success. 

So, this bill has been enacted and it’s now being implemented. What is the future of this program? And what is the next digital equity front in New Mexico for the Education Committee?  

I think that there’s a couple of things that we have to do. One thing that we have to do is [establish self-sustaining] funding sources [for this program]. There are direct appropriations where the legislator will put in a certain amount of money, or there are mechanisms that pull [funding] from other revenue sources. People don’t realize this, but New Mexico is the number two oil producer in the country. And so, I think the future of that is going to be, how do we secure funding mechanisms so that we can ensure that this goes on and is basically self-sustaining?  

The other thing that people are really talking about is AI (artificial intelligence). How does this fit into the equation, and what are some of the guardrails and considerations that need to be made? Quite honestly, I think we have to have honest conversations about what the concerns are and what is it that we need to think about so that it does not impact what we’re trying to do for kids. And I think that’s something that I think we’re at the very beginning of. As you know, we’re kind of at this shelf right here, this cliff, and we’re stepping off into this, for many people, unknown. And I know that there’s been lots of legislation. There have been lots of bills. We’ve received lots of updates and presentations regarding AI, and I think we’re going to have to seriously address that in our schools and in our communities.2The New Mexico Public Education Department recently released AI guidance for K-12 education, available at: https://web.ped.nm.gov/wp-content/uploads/2025/05/NM-AI-Guidance-Signed-4-29-2025.pdf  

What advice would you have for other lawmakers in other States who are concerned about digital equity and wanting to get something moving in their state having gone through this process yourself in your state, and been so successful? 

I think it really is communicating the “why”. The “why” is what drives us. Why are we doing this? Why do we have this? Why do we do these things? So that’s an important piece. And I think that the important part about it is to really try to communicate in a way that people understand what it is about [and that] our kids deserve to have things in place that are going to benefit them. And then we start to build it and find that common ground, and that’s really where it is a give and take. I spend time with my colleagues on both sides of the aisle to build that trust and rapport and the way that I interact with people, even when we disagree, helps build that trust and rapport. So, communicate the “why”. Why are we doing this? What is the need? And why do we need this in place? And how is this going to help this population?  

That’s why I’m an educator and the reason I got into education, because these kids are our future. And if these are going to be the kids who are taking care of us, I want to ensure that they have the tools and the resources that they need so that they can be the next generation. So that they can make the decisions for our communities and our society long after my time is done in the legislature, long after I’m an educator. I want to prepare these kids and give them the tools so that they, too, can be successful. 

For more information about great work happening in states and ways to further support state policy work, check out All4Ed’s State Policy Center.

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