NY State Senate Bill 2025-S1269

Current Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2025	referred to education

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2025-S1269 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §926, Ed L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8536
2023-2024: S7018

2025-S1269 (ACTIVE) - Summary

Provides for the use of airway clearance devices in schools; provides for training for school employees.

2025-S1269 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1269

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the education law, in relation to the use of airway
clearance devices in schools

 
PURPOSE:

This bill aims to ensure that each school, whether they are public or
private, has at least one non-invasive airway-clearing device ready for
use in the event of one being needed.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the education law by adding a new section
924 to require each public and non-public school with an airway clear-
ance device on premises to develop policies and training on the use of
such airway clearance device. The cost of training nurses and staff in
airway management and the use of airway clearance devices may be reim-
bursed if necessary as determined by the school board.

Section 2 of the bill establishes the effective date.

 
JUSTIFICATION:

In the event of a choking emergency, an airway-clearing device is easy
to use and can be utilized by anyone. This device has been FDA-regis-
tered and has been extremely helpful for those who are in wheelchairs.
The traditional way of helping someone choke is to hold them up, which
is very hard for those in wheelchairs. This device is what will solve
this problem. In a study conducted by Mathew J.  Mckinley, Mckinley
found that 10 of his patients who were wheelchair-bound had difficulty
making abdominal thrusts, which is the traditional way of helping some-
one who is choking. However, when the traditional anti-choking methods
do not work the only thing left to do is wait for emergency personnel or
continue with a protocol that is not working. The airway-clearing device
has been proven to not only be helpful to those who are wheelchair-bound
but to those who have Down Syndrome. Those who have Down Syndrome are
more prone to face choking emergencies. According to the Global Down
Syndrome Foundation children with Down Syndrome can be prone to choking
due to physical or medical issues that come from their condition. This
foundation also stated those who have Down Syndrome suffer among other
things such as issues with oral motor skill deve lopment which can cause
difficulty with eating and thus make them more prone to choking. The
American disability act states that "all individuals regardless of disa-
bility need to have the same measures to be rescued in a choking emer-
gency." Having airway devices in schools will create equal measures for
students who have a disability to be rescued in a choking emergency.

 
LEGISLATIVE HISTORY:

2022: S8536A(Thomas)- Passed Senate.

2023: S.7018- Referred toSeante Education Committee.

2024: S.7018- Reported toSenate Finance Committee.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; with provisions.

2025-S1269 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1269
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by  Sens. ADDABBO, BORRELLO, LANZA, MATTERA, PALUMBO, RHOADS
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Education
 
 AN ACT to amend the education law, in relation  to  the  use  of  airway
   clearance devices in schools

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 926 to
 read as follows:
   § 926. AIRWAY CLEARANCE DEVICES IN SCHOOLS. 1. FOR  PURPOSES  OF  THIS
 SECTION,  "AIRWAY CLEARANCE DEVICE" MEANS A PORTABLE MEDICAL DEVICE THAT
 USES MANUALLY CREATED SUCTION TO REMOVE BLOCKAGE FROM THE AIRWAY  DURING
 A  CHOKING  EMERGENCY  AND HAS BEEN REGISTERED AS A CLASS II ACUTE UPPER
 AIRWAY OBSTRUCTION DEVICE WITH THE UNITED STATES FOOD AND DRUG  ADMINIS-
 TRATION.
   2.  A  SCHOOL THAT HAS AN AIRWAY CLEARANCE DEVICE ON PREMISES, WHETHER
 PURCHASED OR DONATED, SHALL DEVELOP  POLICIES  FOR  THE  USE  OF  AIRWAY
 CLEARANCE  DEVICES  BY SCHOOL NURSES AND SCHOOL EMPLOYEES. SUCH POLICIES
 SHALL INCLUDE A REQUIREMENT THAT THE SCHOOL DESIGNATE SCHOOL  NURSES  OR
 SCHOOL  EMPLOYEES  TO  RECEIVE  TRAINING IN AIRWAY MANAGEMENT AND IN THE
 REMOVAL OF ANY OBSTRUCTION FROM THE AIRWAY  USING  AN  AIRWAY  CLEARANCE
 DEVICE.
   3.  THE  COST OF TRAINING SCHOOL NURSES AND EMPLOYEES REGARDING AIRWAY
 MANAGEMENT AND THE USE OF AIRWAY CLEARANCE DEVICES MAY BE REIMBURSED  IF
 NECESSARY AS DETERMINED BY THE SCHOOL BOARD.
   4.  ANY  SCHOOL THAT PURCHASES, OPERATES, OR MAKES AVAILABLE AN AIRWAY
 CLEARANCE DEVICE PURSUANT TO  THIS  SECTION  SHALL  NOT  BE  LIABLE  FOR
 DAMAGES ARISING FROM THE USE OF SUCH DEVICE BY  A PERSON WHO VOLUNTARILY
 AND  WITHOUT  EXPECTATION  OF    MONETARY COMPENSATION RENDERS EMERGENCY
 TREATMENT THAT INCLUDES THE USE OF SUCH DEVICE, EXCEPT  AS  PROVIDED  IN
 SECTION THREE THOUSAND-A OF THE PUBLIC HEALTH LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03065-01-5

 S. 1269                             2
 
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S1269

Sponsored By

Current Bill Status - In Senate Committee Education Committee

Actions

co-Sponsors

2025-S1269 (ACTIVE) - Details

2025-S1269 (ACTIVE) - Summary

2025-S1269 (ACTIVE) - Sponsor Memo

2025-S1269 (ACTIVE) - Bill Text download pdf

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Sponsored By

Joseph P. Addabbo Jr.

Current Bill Status - In Senate Committee Education Committee

Actions

co-Sponsors

George M. Borrello

Andrew J. Lanza

Mario R. Mattera

Anthony H. Palumbo

2025-S1269 (ACTIVE) - Details

2025-S1269 (ACTIVE) - Summary

2025-S1269 (ACTIVE) - Sponsor Memo

2025-S1269 (ACTIVE) - Bill Text download pdf

Comments