S 1123 New Jersey Senate · 2026-2027 Regular Session

Requires portable anti-choking devices be placed in schools.

New Jersey's S 1123 requires all public and nonpublic schools to have at least one FDA-registered portable anti-choking device (a suction-based airway-clearing tool) available in cafeterias, school nurse offices, and similar locations during school hours and events. The devices must be unlocked, easily accessible, and marked with clear signage. Schools must train all nurses and staff in airway management and device use, while the state will reimburse schools for related costs. This bill directly affects school districts and nonpublic schools across New Jersey, aiming to improve emergency response to choking incidents.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 13, 2026 Last action Mar 2, 2026
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What changed between versions

Introduced Reprint · 6 edits
MODERATE
The Senate Education Committee significantly restructured and amended this bill on portable anti-choking devices in schools. The most consequential changes are a complete overhaul of the funding mechanism (shifting from state reimbursement to a no-cost model relying on private donations of funds or devices), new Commissioner of Education authority over device efficacy and approval, added pre-use choking response protocol requirements, and a new liability protection provision for school employees.
FISCAL

The original bill required the Department of Education to reimburse schools for implementation costs. The amended version instead requires the Commissioner of Education to establish procedures ensuring devices are provided at no cost to the State, districts, or nonpublic schools, and authorizes the Commissioner to accept contributions of funds or actual devices from private or nonprofit entities. This removes the state's obligation to pay and relies on external donations.

ENFORCEMENT

A new provision (Section 2b) requires the Commissioner of Education to establish procedures to ensure the efficacy of portable anti-choking devices used by schools, and authorizes the Commissioner to take any other action concerning their use. This gives the Commissioner broad regulatory authority over which devices are acceptable.

A new Section 6 provides that no school employee, officer, or agent of a board of education or nonpublic school shall be held liable for good faith acts or omissions consistent with the act, excluding willful misconduct, gross negligence, or recklessness. This is a standard Good Samaritan-style liability shield.

REQUIREMENT

The policy requirement was expanded from a single training mandate to three minimum requirements: (1) Commissioner approval of specific devices placed in schools, (2) implementation of standard choking response protocols from the American Red Cross, American Heart Association, or other Department of Health-recognized program before using a device, and (3) the original training requirement for school nurses and employees.

TECHNICAL

The bill was restructured: the original Section 1 (device placement) and Section 2 (policies) were merged into a new Section 2 with subsections a and b; the definition was moved to its own section; sections were renumbered throughout.

SCOPE

Senator Diegnan was added as a co-sponsor, and the bill status changed from 'Introduced Pending Technical Review' to 'As reported by the Senate Education Committee on March 2, 2026, with amendments.'

Floor votes

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Full legislative history

Actions timeline

Total actions
3
Key actions
0
Committee
1
Mar 2, 2026
Committee
Referred to Senate Budget and Appropriations Committee
upper
Jan 13, 2026
Introduced
Introduced in the Senate, Referred to Senate Education Committee
upper
2 primary · 3 co-sponsors

Sponsors