School districts must provide airway clearance devices at campuses, keep them properly stored and used, and have trained employees present where the devices are stored; principals must consider where students eat when choosing storage locations.
Sec. 38.0171. AVAILABILITY OF AIRWAY CLEARANCE DEVICE. (a) In this section, "airway clearance device" means a noninvasive device capable of removing or assisting with the removal of a person's foreign-body airway obstruction. (b) Except as provided by Subsection (c), each school district shall make available at each district campus at least one airway clearance device appropriate for use on the majority of students enrolled at the campus. In determining the location at which to store the device, the principal of the campus shall consider the primary location on campus where students consume food. (c) A school district must comply with Subsection (b) with respect to a district campus only if the district may obtain an airway clearance device for the campus through: (1) donation of the device in the original packaging; or (2) purchase or lease of the device using money appropriated or donated to the district for that purpose. (d) Each school district shall ensure the presence at each location at which an airway clearance device required under Subsection (b) is stored of at least one campus or district employee trained in the proper use of the device at any time a substantial number of students are present at the location. (e) A school district shall ensure that each airway clearance device is stored and used in accordance with the manufacturer's specifications and any applicable law. (f) This section does not: (1) waive any immunity from liability of a school district or the district's officers or employees; (2) create any liability for or a cause of action against a school district or the district's officers or employees; or (3) waive any immunity from liability under Section 74.151, Civil Practice and Remedies Code. (g) A school district may solicit and accept gifts, grants, or other donations to obtain airway clearance devices required under this section. Added by Acts 2025, 89th Leg., R.S., Ch. 925 (H.B. 549), Sec. 2, eff. June 20, 2025.