Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0485.01 Jacob Baus x2173
HOUSE BILL 24-1164
House Committees Senate Committees
Education Education
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO PROVID E MENSTRUAL PRODUCTS AT NO101
EXPENSE TO
STUDENTS, AND, IN CONNECTION THEREWITH,102
MAKING AN APPROPRIATION .103
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
SENATE
2nd Reading Unamended
May 6, 2024
HOUSE
3rd Reading Unamended
May 1, 2024
HOUSE
Amended 2nd Reading
April 30, 2024
HOUSE SPONSORSHIP
Titone and Willford, Herod, Bacon, Boesenecker, Brown, deGruy Kennedy, Duran,
English, Epps, Hamrick, Jodeh, Kipp, Lieder, Lindsay, Lukens, Mabrey, Marvin, McCluskie,
McCormick, Parenti, Rutinel, Sirota, Story, Valdez, Velasco, Weissman, Woodrow, Young
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. building.
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
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) ON OR BEFORE JUNE 30, 2025, A LOCAL EDUCATION8
PROVIDER SHALL PROVIDE MENSTRUAL PRODUCTS AT NO EXPENSE TO9
STUDENTS IN AT LEAST TWENTY-FIVE PERCENT OF APPLICABLE STUDENT10
BATHROOMS IN ALL APPLICABLE SCHOOL BUILDINGS .11
(II) ON OR BEFORE JUNE 30, 2026, A LOCAL EDUCATION PROVIDER12
SHALL PROVIDE MENSTRUAL PRODUCTS AT NO EXPENSE TO STUDENTS IN13
AT LEAST FIFTY PERCENT OF APPLICABLE STUDENT BATHROOMS IN ALL14
APPLICABLE SCHOOL BUILDINGS.15
(III) ON OR BEFORE JUNE 30, 2027, A LOCAL EDUCATION PROVIDER16
SHALL PROVIDE MENSTRUAL PRODUCTS AT NO EXPENSE TO STUDENTS IN17
AT LEAST SEVENTY-FIVE PERCENT OF APPLICABLE STUDENT BATHROOMS18
IN ALL APPLICABLE SCHOOL BUILDINGS.19
(IV) ON OR BEFORE JUNE 30, 2028, A LOCAL EDUCATION20
PROVIDER; THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND,21
CREATED AND EXISTING PURSUANT TO SECTION 22-80-102 (1)(a); AND AN22
APPROVED FACILITY SCHOOL, AS DEFINED IN SECTION 22-2-402, SHALL23
PROVIDE MENSTRUAL PRODUCTS AT NO EXPENSE TO STUDENTS IN ALL24
APPLICABLE STUDENT BATHROOMS IN ALL APPLICABLE SCHOOL BUILDINGS .25
(b) NOTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION TO26
THE CONTRARY, A LOCAL EDUCATION PROVIDER THAT IS A SMALL RURAL27
1164
-3- SCHOOL DISTRICT, INCLUDING A CHARTER SCHOOL OF THE SMALL RURAL1
SCHOOL DISTRICT, OR AN INSTITUTE CHARTER SCHOOL LOCATED WITHIN2
THE GEOGRAPHIC BOUNDARIES OF A SMALL RURAL SCHOOL DISTRICT IS3
NOT REQUIRED TO COMPLY WITH SUBSECTION (2)(a)(I), (2)(a)(II), OR4
(2)(a)(III) OF THIS SECTION.5
(3) NOTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, IF AN6
APPLICABLE SCHOOL BUILDING DOES NOT HAVE A GENDER -NEUTRAL7
BATHROOM, THE LOCAL EDUCATION PROVIDER, THE COLORADO SCHOOL8
FOR THE DEAF AND THE BLIND, OR THE APPROVED FACILITY SCHOOL SHALL9
PROVIDE MENSTRUAL PRODUCTS IN FEMALE-DESIGNATED BATHROOMS10
AND IN A HEALTH OFFICE LOCATED IN THE APPLICABLE SCHOOL BUILDING11
THAT IS ACCESSIBLE TO STUDENTS WHO MENSTRUATE; EXCEPT THAT, IF12
THERE IS NOT A HEALTH OFFICE, THE LOCAL EDUCATION PROVIDER , THE13
COLORADO SCHOOL FOR THE DEAF AND THE BLIND, OR THE APPROVED14
FACILITY SCHOOL SHALL PROVIDE THE MENSTRUAL PRODUCTS IN AN15
ADMINISTRATIVE OFFICE LOCATED IN THE APPLICABLE SCHOOL BUILDING16
ACCESSIBLE TO STUDENTS WHO MENSTRUATE . 17
(4) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE18
CONTRARY, IF AN APPLICABLE SCHOOL BUILDING IS USED BY THE LOCAL19
EDUCATION PROVIDER, THE COLORADO SCHOOL FOR THE DEAF AND THE20
BLIND, OR THE APPROVED FACILITY SCHOOL TO PROVIDE EDUCATIONAL21
SERVICES ONLY TO STUDENTS WHO ARE ENROLLED IN KINDERGARTEN22
THROUGH GRADE SIX, THE LOCAL EDUCATION PROVIDER SHALL PROVIDE23
MENSTRUAL PRODUCTS BUT MAY PROVIDE MENSTRUAL PRODUCTS IN A24
HEALTH OFFICE LOCATED IN THE APPLICABLE SCHOOL BUILDING THAT IS25
ACCESSIBLE TO STUDENTS WHO MENSTRUATE; EXCEPT THAT, IF THERE IS26
NOT A HEALTH OFFICE, THE LOCAL EDUCATION PROVIDER SHALL PROVIDE27
1164
-4- THE MENSTRUAL PRODUCTS IN AN ADMINISTRATIVE OFFICE LOCATED IN1
THE APPLICABLE SCHOOL BUILDING ACCESSIBLE TO STUDENTS WHO2
MENSTRUATE.3
(5) NOTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, IF A4
LOCAL EDUCATION PROVIDER, THE COLORADO SCHOOL FOR THE DEAF AND5
THE BLIND, OR AN APPROVED FACILITY SCHOOL IS EXPERIENCING6
VANDALISM OR DESTRUCTION OF PROPERTY AS A RESULT OF COMPLYING7
WITH THE REQUIREMENTS OF THIS SECTION, THE LOCAL EDUCATION8
PROVIDER, THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND, OR THE9
APPROVED FACILITY SCHOOL MAY REMOVE THE MENSTRUAL PRODUCTS10
FROM THE APPLICABLE STUDENT BATHROOM . IF A LOCAL EDUCATION11
PROVIDER, THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND, OR AN12
APPROVED FACILITY SCHOOL REMOVES MENSTRUAL PRODUCTS FROM AN13
APPLICABLE STUDENT BATHROOM PURSUANT TO THIS SUBSECTION (4), THE14
LOCAL EDUCATION PROVIDER, THE COLORADO SCHOOL FOR THE DEAF AND15
THE BLIND, OR THE APPROVED FACILITY SCHOOL SHALL POST INFORMATION16
IN THE APPLICABLE STUDENT BATHROOM REGARDING WHERE MENSTRUAL17
PRODUCTS ARE AVAILABLE IN THE APPLICABLE SCHOOL BUILDING .18
(6) (a) A LOCAL EDUCATION PROVIDER THAT IS REQUIRED TO19
COMPLY WITH SUBSECTIONS (2)(a)(I), (2)(a)(II), AND (2)(a)(III) OF THIS20
SECTION SHALL POST INFORMATION IN APPLICABLE SCHOOL BATHROOMS21
WHERE THERE ARE NOT YET MENSTRUAL PRODUCTS REGARDING WHERE22
MENSTRUAL PRODUCTS ARE AVAILABLE IN THE APPLICABLE SCHOOL23
BUILDING.24
(b) THIS SUBSECTION (6) IS REPEALED, EFFECTIVE JULY 1, 2030.25
(7) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE26
REQUIRES:27
1164
-5- (a) "APPLICABLE SCHOOL BUILDING" MEANS A BUILDING THAT IS1
USED BY A LOCAL EDUCATION PROVIDER TO PROVIDE EDUCATIONAL2
SERVICES TO STUDENTS WHO ARE ENROLLED IN ANY OF GRADES SIX3
THROUGH TWELVE.4
(b) "A
PPLICABLE STUDENT BATHROOM " MEANS A5 FEMALE-DESIGNATED BATHROOM OR A GENDER-NEUTRAL BATHROOM IN6
AN APPLICABLE SCHOOL BUILDING THAT IS ACCESSIBLE TO STUDENTS WHO7
ARE ENROLLED IN ANY OF GRADES SIX THROUGH TWELVE WHO8
MENSTRUATE.9
(c) "L
OCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A10
CHARTER SCHOOL AUTHORIZED BY A SC HOOL DISTRICT PURSUANT TO PART11
1
OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY12
THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE13
30.5
OF THIS TITLE 22, OR A BOARD OF COOPERATIVE SERVICES CREATED14
AND OPERATING PURSUANT TO ARTICLE 5 OF THIS TITLE 22 THAT15
OPERATES ONE OR MORE PUBLIC SCHOOLS .16
(d) "M
ENSTRUAL PRODUCTS" MEANS, AT A MINIMUM, TAMPONS17
AND MENSTRUAL PADS.18
(e) "S
MALL RURAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT19
THAT THE DEPARTMENT OF EDUCATION DETERMINES IS RURAL , BASED ON20
THE GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE21
SCHOOL DISTRICT FROM THE NEAREST LARGE , URBANIZED AREA, AND THAT22
ENROLLS FEWER THAN ONE THOUSAND TWO HUNDRED STUDENTS IN23
KINDERGARTEN THROUGH TWELFTH GRADE .24
SECTION 2. In Colorado Revised Statutes, 22-2-147, amend (2),25
(3)(b), (3)(c), and (6); and add (3)(d), (5.3), (5.7), (8)(d), and (8)(e) as26
follows:27
1164
-6- 22-2-147. Menstrual hygiene products accessibility grant1
program - eligibility - report - rules - definitions. (2) A grant recipient2
shall use the award to acquire and distribute menstrual hygiene products3
at no expense to students or
ACQUIRE, install, and maintain a dispensing4
machine or disposal receptacle for menstrual hygiene products.5
(3) An eligible grant recipient is:6
7
(b) The Colorado school for the deaf and the blind, created and8
existing pursuant to section 22-80-102 (1)(a); or9
(c) An approved facility school, as defined in section 22-2-40210
(1); OR11
(d) A RURAL SCHOOL DISTRICT, A SMALL RURAL DISTRICT, A12
CHARTER SCHOOL OF A RURAL SCHOOL DISTRICT OR A SMALL RURAL13
DISTRICT, OR AN INSTITUTE CHARTER SCHOOL LOCATED WITHIN THE14
GEOGRAPHIC BOUNDARIES OF A RURAL SCHOOL DISTRICT OR SMALL RURAL15
SCHOOL DISTRICT.16
(5.3) F
OR THE 2024-25 STATE FISCAL YEAR, THE GENERAL17
ASSEMBLY SHALL APPROPRIATE TO THE DEPARTMENT
TWO HUNDRED18
THOUSAND DOLLARS FROM THE GENERAL FUND FOR PURPOSES OF THIS19
SECTION.20
(5.7) T
HE DEPARTMENT MAY RETAIN NO MORE THAN
TEN PERCENT21
OF THE TOTAL AMOUNT APPROPRIATED PURSUANT TO SUBSECTION (5.3) OF22
THIS SECTION FOR THE GRANT PROGRAM TO OFFSET THE ACTUAL23
ADMINISTRATIVE COSTS INCURRED IN ADMINISTERING THE GRANT24
PROGRAM.25
(6) (a) On or before October 1, 2022, and on or before October 126
2023 EACH YEAR THEREAFTER, each grant recipient shall submit a report27
1164
-7- to the department. The report must include information concerning the1
amount of money spent on the acquisition and distribution of menstrual2
hygiene products and the amount of money spent on the
ACQUISITION,3
installation, and maintenance of a dispensing machine or disposal4
receptacle for menstrual hygiene products.5
(b) On or before January 2, 2023, and on or before January 2 2024
6
EACH YEAR THEREAFTER , the department shall submit a summarized7
report of the information received pursuant to subsection (6)(a) of this8
section to the education committees of the senate and house of9
representatives, or any successor committees.10
(c) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13611
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS12
SUBSECTION (6) CONTINUES INDEFINITELY.13
(8) As used in this section, unless the context otherwise requires:14
(d) "RURAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT THAT15
THE DEPARTMENT OF EDUCATION DETERMINES IS RURAL, BASED ON THE16
GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE17
SCHOOL DISTRICT FROM THE NEAREST LARGE , URBANIZED AREA.18
(e) "SMALL RURAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT19
THAT THE DEPARTMENT OF EDUCATION DETERMINES IS RURAL, BASED ON20
THE GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE21
SCHOOL DISTRICT FROM THE NEAREST LARGE , URBANIZED AREA, AND THAT22
ENROLLS FEWER THAN ONE THOUSAND TWO HUNDRED STUDENTS IN23
KINDERGARTEN THROUGH TWELFTH GRADE .24
SECTION 3. Appropriation. For the 2024-25 state fiscal year,25
$100,000 is appropriated to the department of education for use by26
student pathways. This appropriation is from the general fund and is27
1164
-8- based on an assumption that the division will require an additional 0.21
FTE. To implement this act, the division may use this appropriation for2
the menstrual hygiene product accessibility grant program.3
SECTION 4. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly; except6
that, if a referendum petition is filed pursuant to section 1 (3) of article V7
of the state constitution against this act or an item, section, or part of this8
act within such period, then the act, item, section, or part will not take9
effect unless approved by the people at the general election to be held in10
November 2024 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
1164
-9-