Bill > A4559

Introduced Session

This bill requires school districts to ensure that students and staff in schools educating students in grades kindergarten through 12, or any combination thereof, have direct access to menstrual products, free of charge, in all women's restrooms and all-gender restrooms, and in at least one men's room. Any costs incurred by a school district in complying with the provisions of this bill will be borne by the State. For purposes of this bill, "menstrual products" mean tampons and sanitary napkins for use in connection with the menstrual cycle. Under the bill, schools are required to supply students and staff with a variety of menstrual products, including tampons and sanitary napkins graded regular through super-plus, sanitary napkins ranging from ultra-thin to overnight, and tampons and sanitary napkins that are allergy-friendly, including chlorine-free, hypoallergenic, and fragrance-free menstrual products. Also under the bill, school districts will be required to install, for each school in the district, menstrual product dispensers in all women's restrooms and all-gender restrooms, and in at least one men's room. School districts will be required to regularly maintain and stock the dispensers, or contract with a vendor who will regularly maintain and stock the dispensers. Dispensers may be operated by tokens, motion sensors, or a personal identification number. The bill requires that schools ensure that all restrooms are clean with properly functioning toilets and hand dryers, as applicable, and equipped with an adequate supply of toilet paper and hand soap. Also under the bill, schools will ensure that all students have access to restrooms, and will not implement overly restrictive bathroom break policies. The bill also requires that schools provide educational pamphlets addressing a variety of topics, including the symptoms of toxic shock syndrome and of menstrual disorders, as well as the proper disposal of tampons and sanitary napkins. Schools will also be required, when feasible, to display posters highlighting proper menstrual hygiene. The Commissioner of Education, in consultation with the Commissioner of Health, will develop guidelines for school districts regarding the production of educational pamphlets and posters. While menstruation typically starts around age 12, it is possible in children as early as age eight. According to the American Academy of Pediatrics, the average age of puberty has been getting steadily lower since the early 20th century. This bill would require that elementary schools also provide students with access to menstrual products to address the early age that children may begin menstruation. It is the belief of the sponsor of this bill that the intent of Title IX of the federal Education Amendments of 1972 (Title IX) necessitates the provision of free menstrual products in all restrooms in order to reduce menstrual-based harassment and disparities in schools. Though Title IX does not explicitly reference menstruation, the intent of Title IX is to reduce disparities in educational equity and opportunity on the basis of sex. Therefore, in order to abide by the intent of Title IX, it is imperative that the State mandate the provision of free menstrual products in all public schools.

Committee Categories

Shanique Speight (D)*,  Britnee Timberlake (D)*, 

Introduced, Referred to Assembly Education Committee (on 09/22/2022)

Official Document