SENATE EDUCATION COMMITTEE

STATEMENT TO

SENATE, No. 1123

with committee amendments

STATE OF NEW JERSEY

DATED:  MARCH 2, 2026

      The Senate Education Committee reports favorably and with committee amendments Senate Bill No 1123.

      As amended, this bill requires public and nonpublic schools to ensure that at least one portable anti-choking device is made available in the cafeteria, school nurse’s office, and any other similar location.  A portable anti-choking device is a device that uses manually created suction to remove blockage from a person’s airway during a choking emergency. The devices are required to be placed in an unlocked and easily accessible location during the school day and at any other time when a school-sponsored event is taking place.  The bill requires the locations of each portable anti-choking device to have an appropriate identifying sign.  The bill also requires the devices to be registered with the United States Food and Drug Administration as a Class II acute upper-airway obstruction device.  The bill requires the Comissioner of Education to establish procedures to ensure the efficacy of portable anti-choking devices that are permitted to be used by school districts and nonpublic schools in fulfilling the requirements of the bill.

      Each board of education and the governing board or chief administrator of a nonpublic school is required to develop policies for the use of anti-choking devices by school nurses and school employees.  The policies would provide that: the Commissioner of Education approves the specific portable anti-choking devices placed in school buildings; standard choking response protocols established by the American Red Cross, American Heart Association, or other training program recognized by the Department of Health are implemented prior to utilizing a portable anti-choking device; and all school nurses and school employees receive training in airway management and in the removal of any obstructions from the airway using a portable anti-choking device.

      The Commissioner of Education is required to ensure that annual educational opportunities are made available for school nurses and employees of both public and nonpublic schools regarding airway management and the use of portable anti-choking devices.

      The bill further provides that the Commissioner of Education would establish procedures to ensure portable anti-choking devices, and any replacement of those devices, are provided to school districts and nonpublic schools at no cost to the State, the districts, or nonpublic schools.

      The bill further provides that no school employee, including a school nurse, or any other officer or agent of a board of education or nonpublic school is to be held liable for any good faith act or omission consistent with the provisions of the bill.

      This bill was pre-filed for introduction in the 2026-2027 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

COMMITTEE AMENDMENTS:

The committee amended the bill to:

· require the Commissioner of Education to establish procedures to ensure the efficacy of portable anti-choking devices that may be used by school districts and nonpublic schools;

· clarify that standard choking response protocols are implemented prior to utilizing a portable anti-choking device;

· remove the reimbursement provisions under the bill and instead provide that these devices are to be provided at no cost to the State, school districts, or nonpublic schools; and

· provide good faith immunity to school employees who comply with the provisions of the bill.