Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0485.01 Jacob Baus x2173
HOUSE BILL 24-1164
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING MEASURES TO PROVID E MENSTRUAL PRODUCTS AT NO101
EXPENSE TO STUDENTS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Beginning July 1, 2025, local education providers are required to
provide free menstrual products in at least half of applicable school
buildings in bathrooms that are accessible to students enrolled in sixth
through twelfth grade who menstruate, except for a small rural school
district and a local education provider with only one applicable school
building.
HOUSE SPONSORSHIP
Titone and Willford, Herod
SENATE SPONSORSHIP
Buckner and Winter F.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Beginning July 1, 2026, all local education providers, facility
schools, and the Colorado school for the deaf and the blind are required
to provide free menstrual products to students in applicable school
buildings in bathrooms that are accessible to students enrolled in sixth
through twelfth grade who menstruate.
The bill expands eligibility for the menstrual hygiene products
accessibility grant program (grant program) to make any local education
provider eligible for a grant award and requires the department of
education (department) to prioritize awards to certain applicants if the
demand exceeds the amount appropriated for the grant program.
For the 2024-25 state fiscal year, the bill requires the general
assembly to appropriate $400,000 to the grant program. The bill allows
the department to retain up to 5% of any appropriation on actual
administrative costs for the grant program and allows grant awards to be
used to acquire a dispensing machine or disposal receptacle for menstrual
hygiene products.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 22-1-144 as2
follows:3
22-1-144. Menstrual products accessibility - rules - legislative4
declaration - definitions - repeal. (1) (a) T
HE GENERAL ASSEMBLY FINDS5
THAT:6
(I) M
ENSTRUAL PRODUCTS ARE A BASIC HEALTH NEED ;7
(II) T
HE LACK OF ACCESS TO MENSTRUAL PRODUCTS8
DISPROPORTIONATELY AFFECTS STUDENTS FROM LOW -INCOME9
HOUSEHOLDS. ACCORDING TO RECENT RESEARCH , ONE IN FOUR STUDENTS10
WHO MENSTRUATE IN THE UNITED STATES CANNOT AFFORD MENSTRUAL11
PRODUCTS.12
(III) A
STUDENT'S INABILITY TO ACCESS MENSTRUAL PRODUCTS13
MAY LEAD TO HEALTH ISSUES, INCREASE ABSENCES FROM SCHOOL , AND14
NEGATIVELY IMPACT A STUDENT 'S ABILITY TO FULLY PARTICIPATE IN THE15
STUDENT'S EDUCATION; AND16
HB24-1164-2- (IV) PROVIDING FREE MENSTRUAL PRODUCTS TO STUDENTS IN1
SCHOOLS INCREASES ACCESS TO EDUCATIONAL OPPORTUNITIES AND2
SUPPORTS STUDENT WELL-BEING AND SUCCESS.3
(b) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES IT NECESSARY4
TO ENSURE THAT ALL STUDENTS WHO MENSTRUATE HAVE ACCESS TO5
MENSTRUAL PRODUCTS IN ORDER TO PROMOTE THE HEALTH , DIGNITY, AND6
EDUCATION EQUALITY OF ALL STUDENTS .7
(2) (a) (I) O
N OR BEFORE JULY 1, 2025, A LOCAL EDUCATION8
PROVIDER SHALL PROVIDE MENSTRUAL PRODUCTS AT NO EXPENSE TO9
STUDENTS IN ALL APPLICABLE STUDENT BATHROOMS LOCATED IN AT10
LEAST HALF OF ALL APPLICABLE SCHOOL BUILDINGS . IF AN APPLICABLE11
SCHOOL BUILDING DOES NOT HAVE A GENDER -NEUTRAL BATHROOM , THE12
LOCAL EDUCATION PROVIDER SHALL PROVIDE MENSTRUAL PRODUCTS IN13
FEMALE-DESIGNATED STUDENT BATHROOMS AND IN A HEALTH OFFICE14
LOCATED IN THE APPLICABLE SCHOOL BUILDING THAT IS ACCESSIBLE TO15
STUDENTS WHO MENSTRUATE ; EXCEPT THAT, IF THERE IS NOT A HEALTH16
OFFICE, THE LOCAL EDUCATION PROVIDER SHALL PROVIDE THE17
MENSTRUAL PRODUCTS IN AN ADMINISTRATIVE OFFICE LOCATED IN THE18
APPLICABLE SCHOOL BUILDING ACCESSIBLE TO STUDENTS WHO19
MENSTRUATE.20
(II) N
OTWITHSTANDING SUBSECTION (2)(a)(I) OF THIS SECTION, A21
LOCAL EDUCATION PROVIDER THAT HAS ONLY ONE APPLICABLE SCHOOL22
BUILDING, OR A SMALL RURAL SCHOOL DISTRICT , IS NOT REQUIRED TO23
COMPLY WITH SUBSECTION (2)(a)(I) OF THIS SECTION.24
(b) T
HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2026.25
(3) O
N OR BEFORE JULY 1, 2026, A LOCAL EDUCATION PROVIDER;26
THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND , CREATED AND27
HB24-1164
-3- EXISTING PURSUANT TO SECTION 22-80-102 (1)(a); AND AN APPROVED1
FACILITY SCHOOL, AS DEFINED IN SECTION 22-2-402, SHALL PROVIDE2
MENSTRUAL PRODUCTS AT NO EXPENSE TO STUDENTS IN ALL APPLICABLE3
STUDENT BATHROOMS LOCATED IN ALL APPLICABLE SCHOOL BUILDINGS .4
I
F AN APPLICABLE SCHOOL BUILDING DOES NOT HAVE A GENDER -NEUTRAL5
BATHROOM, THE LOCAL EDUCATION PROVIDER OR SCHOOL SHALL PROVIDE6
MENSTRUAL PRODUCTS IN FEMALE -DESIGNATED STUDENT BATHROOMS7
AND IN A HEALTH OFFICE LOCATED IN THE APPLICABLE SCHOOL BUILDING8
THAT IS ACCESSIBLE TO STUDENTS WHO MENSTRUATE ; EXCEPT THAT, IF9
THERE IS NOT A HEALTH OFFICE, THE LOCAL EDUCATION PROVIDER OR10
SCHOOL SHALL PROVIDE THE MENSTRUAL PR ODUCTS IN AN11
ADMINISTRATIVE OFFICE LOCATED IN THE APPLICABLE SCHOOL BUILDING12
ACCESSIBLE TO STUDENTS WHO MENSTRUATE .13
(4) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE14
REQUIRES:15
(a) "A
PPLICABLE SCHOOL BUILDING" MEANS A BUILDING THAT IS16
USED BY A LOCAL EDUCATION PROVIDER TO PROVIDE EDUCATIONAL17
SERVICES TO STUDENTS WHO ARE ENROLLED IN ANY OF GRADES SIX18
THROUGH TWELVE.19
(b) "A
PPLICABLE STUDENT BATHROOM " MEANS A BATHROOM IN AN20
APPLICABLE SCHOOL BUILDING THAT IS ACCESSIBLE TO STUDENTS WHO21
ARE ENROLLED IN ANY OF GRADES SIX THROUGH TWELVE WHO22
MENSTRUATE, INCLUDING A FEMALE-DESIGNATED BATHROOM AND A23
GENDER-NEUTRAL BATHROOM .24
(c) "L
OCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A25
CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURS UANT TO PART26
1
OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY27
HB24-1164
-4- THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE1
30.5
OF THIS TITLE 22, OR A BOARD OF COOPERATIVE SERVICES CREATED2
AND OPERATING PURS UANT TO ARTICLE 5 OF THIS TITLE 22 THAT3
OPERATES ONE OR MORE PUBLIC SCHOOLS .4
(d) "M
ENSTRUAL PRODUCTS" MEANS, AT A MINIMUM, TAMPONS5
AND MENSTRUAL PADS.6
(e) "S
MALL RURAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT7
THAT THE DEPARTMENT OF EDUCATION DETERMINES IS RURAL , BASED ON8
THE GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE9
SCHOOL DISTRICT FROM THE NEAREST LARGE, URBANIZED AREA, AND THAT10
ENROLLS FEWER THAN ONE THOUSAND TWO HUNDRED STUDENTS IN11
KINDERGARTEN THROUGH TWELFTH GRADE .12
SECTION 2. In Colorado Revised Statutes, 22-2-147, amend (2),13
(3)(a), (5), and (6); and add (3.5), (5.3), and (5.7) as follows:14
22-2-147. Menstrual hygiene products accessibility grant15
program - eligibility - report - rules - definitions. (2) A grant recipient16
shall use the award to acquire and distribute menstrual hygiene products17
at no expense to students or
ACQUIRE, install, and maintain a dispensing18
machine or disposal receptacle for menstrual hygiene products.19
(3) An eligible grant recipient is:20
(a) A local education provider; if it has fifty percent or more
21
students enrolled who are eligible for free or reduced-cost lunch pursuant22
to the federal "Richard B. Russell National School Lunch Act", 42 U.S.C.23
sec. 1751 et seq.24
(3.5) T
HE DEPARTMENT SHALL AWARD A GRANT TO AN ELIGIBLE25
GRANT RECIPIENT THAT APPLIES IN AN AMOUNT THAT IS PROPORTIONATE26
TO THE NUMBER OF STUDENTS AND RESTROOMS AS PROVIDED IN ITS27
HB24-1164
-5- APPLICATION. IF THE DEMAND FROM ELIGIBLE GRANT RECIPIENTS EXCEEDS1
THE AMOUNT APPROPRIATED FOR THE GRANT PROGRAM , THE DEPARTMENT2
SHALL AWARD GRANTS TO ELIGIBLE GRANT RECIPIENTS THAT IDENTIFY A3
SPECIFIC SCHOOL OR SCHOOLS THAT WILL BE PRIORITIZED BECAUSE THE4
SCHOOL HAS, OR SCHOOLS HAVE, FIFTY PERCENT OR MORE STUDENTS5
ENROLLED WHO ARE ELIGIBLE FOR FREE OR REDUCED -COST LUNCH6
PURSUANT TO THE FEDERAL "RICHARD B. RUSSELL NATIONAL SCHOOL7
L
UNCH ACT", 42 U.S.C. SEC. 1751 ET SEQ.8
(5) Subject to available appropriations, the department shall9
implement and administer the grant program. and shall award a grant to
10
an eligible grant recipient that applies in an amount that is proportionate11
to the numbers of students and restrooms as provided in its application.12
The state board may promulgate rules as necessary to implement the grant13
program.14
(5.3) F
OR THE 2024-25 STATE FISCAL YEAR, THE GENERAL15
ASSEMBLY SHALL APPROPRIATE TO THE DEPARTMENT FOUR HUNDRED16
THOUSAND DOLLARS FROM THE GENERAL FUND FOR PURPOSES OF THIS17
SECTION. ANY UNEXPENDED MONEY REMAINING AT THE END OF THE18
2024-25
STATE FISCAL YEAR FROM THE APPROPRIATION LISTED IN THIS19
SUBSECTION (5.3):20
(a) D
OES NOT REVERT TO THE GENERAL FUND OR ANY OTHER21
FUND;22
(b) M
AY BE USED BY THE DEPARTMENT IN THE 2025-26 OR23
2026-27
STATE FISCAL YEAR WITHOUT FURTHER APPROPRIATION ; AND24
(c) M
UST NOT BE USED FOR ANY PURPOSE OTHER THAN THE25
PURPOSES SET FORTH IN THIS SECTION.26
(5.7) T
HE DEPARTMENT MAY RETAIN NO MORE THAN FIVE PERCENT27
HB24-1164
-6- OF ANY AMOUNT APPROPRIATED FOR THE GRANT PROGRAM TO OFFSET THE1
ACTUAL ADMINISTRATIVE COSTS INCURRED IN ADMINISTERING THE GRANT2
PROGRAM.3
(6) (a) On or before October 1, 2022, and on or before October 14
2023 EACH YEAR THEREAFTER, each grant recipient shall submit a report5
to the department. The report must include information concerning the6
amount of money spent on the acquisition and distribution of menstrual7
hygiene products and the amount of money spent on the
ACQUISITION,8
installation, and maintenance of a dispensing machine or disposal9
receptacle for menstrual hygiene products.10
(b) On or before January 2, 2023, and on or before January 2 2024
11
EACH YEAR THEREAFTER , the department shall submit a summarized12
report of the information received pursuant to subsection (6)(a) of this13
section to the education committees of the senate and house of14
representatives, or any successor committees.15
(c) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13616
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS17
SUBSECTION (6) CONTINUES INDEFINITELY.18
SECTION 3. Act subject to petition - effective date. This act19
takes effect at 12:01 a.m. on the day following the expiration of the20
ninety-day period after final adjournment of the general assembly; except21
that, if a referendum petition is filed pursuant to section 1 (3) of article V22
of the state constitution against this act or an item, section, or part of this23
act within such period, then the act, item, section, or part will not take24
effect unless approved by the people at the general election to be held in25
November 2024 and, in such case, will take effect on the date of the26
official declaration of the vote thereon by the governor.27
HB24-1164
-7-