Present law authorizes each local education agency (LEA) to provide feminine hygiene products, at no charge, in all women's and girl's bathrooms and locker rooms in an eligible school building where instruction is provided, excluding any bathrooms specifically designated for teacher or staff use. The feminine hygiene products are for student use only. Under present law, an "eligible school" means a public high school that is eligible to participate in the community eligibility provision under the national school lunch program.
This bill, which establishes the Menstrual Hygiene Products Accessibility Act, additionally requires that feminine hygiene products be available with the school nurse. For purposes of this bill, an "eligible school" means a public school, including a public charter school, that is a senior high school.
This bill authorizes the department of education ("department") to develop policies and provide guidance to LEAs and public charter schools to assist local boards of education and public charter school governing bodies in complying with this bill.
TAXATION
Under this bill, a special account is created in the state treasury to be known as the menstrual hygiene products accessibility account ("account"). This bill requires the department to administer the account. The commissioner of finance and administration to deposit 20 percent of the state sales tax collected on feminine hygiene products into the account. The department is prohibited from expending any moneys deposited into the account other than to purchase feminine hygiene products for eligible schools to assist LEAs and public charter schools in complying with this bill.

Statutes affected:
Introduced: 49-6-417