A4559

An Act concerning the provision of menstrual products in public schools and supplementing chapter 33 of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that:

a. Title IX of the federal Education Amendments of 1972 (Title IX), prohibits discrimination on the basis of sex and provides equal access to education in federally funded schools and programs.

b. 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.

c. A lack of access to free menstrual products directly impacts a student’s ability to attend school and participate in school activities, and affects the student’s overall educational outcomes.

d. More than half of all high school aged students who menstruate are late to school, have to leave school early, or miss the school day altogether due to a lack of necessary menstrual products.

e. Without access to menstrual products, many low-income students extend the length of time they use a single tampon or sanitary napkin, thereby risking infection and toxic shock syndrome.

f. By providing students with access to free menstrual products, schools may help relieve the stress and stigma associated with menstruation, while also signaling to students that the school understands and supports them.

g. Expanding the reach of Title IX to provide free menstrual products in all restrooms may reduce educational disparities on the basis of sex and reduce menstrual-based harassment in schools.

h. It is imperative that the State mandate the provision of free menstrual products in all public schools in order to abide by the intent of Title IX, which is to reduce disparities in educational equity and opportunity on the basis of sex.

2. a. As used in this section, “menstrual products” mean tampons and sanitary napkins for use in connection with the menstrual cycle.

b. A school district shall ensure that students and staff in each school of the district 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 restroom.

c. In implementing the provisions of subsection b. of this section, schools shall supply a variety of menstrual products to address the individualized needs of students and staff, and shall include, but not be limited to:

(1) tampons and sanitary napkins graded regular through super-plus;

(2) sanitary napkins ranging from ultra-thin to overnight; and

(3) allergy-friendly tampons and sanitary napkins, such as chlorine-free, hypoallergenic, and fragrance-free products.

d. The school district shall 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. The school district shall regularly maintain the dispensers and stock them with menstrual products, or contract with a vendor who will regularly maintain the dispensers and stock them with menstrual products. The types of dispensers may include, but are not limited to:

(1) token-operated dispensers;

(2) dispensers with motion sensors intended to prevent the spread of disease; and

(3) dispensers requiring a personal identification number.

e. Schools shall ensure that all restrooms are clean with properly functioning toilets and hand dryers, as applicable and are equipped with an adequate supply of toilet paper and hand soap. Schools shall also ensure that all students have access to restrooms, and shall not implement restrictive bathroom break policies.

f. Schools shall provide educational pamphlets addressing toxic shock syndrome, menstrual disorders, and proper disposal of tampons and sanitary napkins in all women’s restrooms and all-gender restrooms, and in at least one men’s restroom. Schools shall also display, when feasible, posters next to dispensers highlighting proper menstrual hygiene.

g. Any costs incurred by a school district in providing an adequate supply of menstrual products to meet the needs of its students and staff shall be borne by the State.

3. The Commissioner of Education, in consultation with the Commissioner of Health, shall develop guidelines for school districts regarding the development of educational pamphlets and posters pursuant to subsection f. of section 2 of this act.

4. This act shall take effect immediately and shall first apply to the first full school year following the date of enactment.

STATEMENT

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.