Colorado 2024 Regular Session

Colorado House Bill HB1164 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0485.01 Jacob Baus x2173
1	8		HOUSE BILL 24-1164
2		-	BY REPRESENTATIVE(S) Titone and Willford, Herod, Bacon,
3		-	Boesenecker, Brown, deGruy Kennedy, Duran, English, Epps, Hamrick,
4		-	Jodeh, Kipp, Lieder, Lindsay, Lukens, Mabrey, Marvin, McCormick,
5		-	Parenti, Rutinel, Sirota, Story, Valdez, Velasco, Weissman, Woodrow,
6		-	Young, McCluskie;
7		-	also SENATOR(S) Buckner and Winter F., Bridges, Coleman, Cutter,
8		-	Danielson, Exum, Fields, Gonzales, Hansen, Hinrichsen, Jaquez Lewis,
9		-	Kolker, Marchman, Michaelson Jenet, Priola, Roberts, Sullivan.
	9	+	House Committees Senate Committees
	10	+	Education Education
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
10	13		C
11		-	ONCERNING MEASURES TO PROVIDE MENSTRUAL PRODUCTS AT NO EXPENSE
12		-	TO STUDENTS
13		-	, AND, IN CONNECTION THEREWITH , MAKING AN
14		-	APPROPRIATION
15		-	.
16		-
17		-	Be it enacted by the General Assembly of the State of Colorado:
18		-	SECTION 1. In Colorado Revised Statutes, add 22-1-147 as
19		-	follows:
20		-	22-1-147. Menstrual products accessibility - rules - legislative
	14	+	ONCERNING MEASURES TO PROVID E MENSTRUAL PRODUCTS AT NO101
	15	+	EXPENSE TO
	16	+	STUDENTS, AND, IN CONNECTION THEREWITH,102
	17	+	MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	Beginning July 1, 2025, local education providers are required to
	26	+	provide free menstrual products in at least half of applicable school
	27	+	buildings in bathrooms that are accessible to students enrolled in sixth
	28	+	through twelfth grade who menstruate, except for a small rural school
	29	+	district and a local education provider with only one applicable school
	30	+	SENATE
	31	+	3rd Reading Unamended
	32	+	May 7, 2024
	33	+	SENATE
	34	+	2nd Reading Unamended
	35	+	May 6, 2024
	36	+	HOUSE
	37	+	3rd Reading Unamended
	38	+	May 1, 2024
	39	+	HOUSE
	40	+	Amended 2nd Reading
	41	+	April 30, 2024
	42	+	HOUSE SPONSORSHIP
	43	+	Titone and Willford, Herod, Bacon, Boesenecker, Brown, deGruy Kennedy, Duran,
	44	+	English, Epps, Hamrick, Jodeh, Kipp, Lieder, Lindsay, Lukens, Mabrey, Marvin, McCluskie,
	45	+	McCormick, Parenti, Rutinel, Sirota, Story, Valdez, Velasco, Weissman, Woodrow, Young
	46	+	SENATE SPONSORSHIP
	47	+	Buckner and Winter F., Bridges, Coleman, Cutter, Danielson, Exum, Fields, Gonzales,
	48	+	Hansen, Hinrichsen, Jaquez Lewis, Kolker, Marchman, Michaelson Jenet, Priola, Roberts,
	49	+	Sullivan
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	52	+	Dashes through the words or numbers indicate deletions from existing law. building.
	53	+	Beginning July 1, 2026, all local education providers, facility
	54	+	schools, and the Colorado school for the deaf and the blind are required
	55	+	to provide free menstrual products to students in applicable school
	56	+	buildings in bathrooms that are accessible to students enrolled in sixth
	57	+	through twelfth grade who menstruate.
	58	+	The bill expands eligibility for the menstrual hygiene products
	59	+	accessibility grant program (grant program) to make any local education
	60	+	provider eligible for a grant award and requires the department of
	61	+	education (department) to prioritize awards to certain applicants if the
	62	+	demand exceeds the amount appropriated for the grant program.
	63	+	For the 2024-25 state fiscal year, the bill requires the general
	64	+	assembly to appropriate $400,000 to the grant program. The bill allows
	65	+	the department to retain up to 5% of any appropriation on actual
	66	+	administrative costs for the grant program and allows grant awards to be
	67	+	used to acquire a dispensing machine or disposal receptacle for menstrual
	68	+	hygiene products.
	69	+	Be it enacted by the General Assembly of the State of Colorado:1
	70	+	SECTION 1. In Colorado Revised Statutes, add 22-1-144 as2
	71	+	follows:3
	72	+	22-1-144. Menstrual products accessibility - rules - legislative4
21	73		declaration - definitions - repeal. (1) (a) T
22		-	HE GENERAL ASSEMBLY FINDS
23		-	THAT
24		-	:
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. (I) MENSTRUAL PRODUCTS ARE A BASIC HEALTH NEED ;
	74	+	HE GENERAL ASSEMBLY FINDS5
	75	+	THAT:6
	76	+	(I) M
	77	+	ENSTRUAL PRODUCTS ARE A BASIC HEALTH NEED ;7
33	78		(II) T
34		-	HE LACK OF ACCESS TO MENSTRUAL PRODUCTS
35		-	DISPROPORTIONATELY AFFECTS STUDENTS FROM LOW
36		-	-INCOME HOUSEHOLDS.
37		-	A
38		-	CCORDING TO RECENT RESEARCH , ONE IN FOUR STUDENTS WHO
39		-	MENSTRUATE IN THE
40		-	UNITED STATES CANNOT AFFORD MENSTRUAL
41		-	PRODUCTS
42		-	.
	79	+	HE LACK OF ACCESS TO MENSTRUAL PRODUCTS8
	80	+	DISPROPORTIONATELY AFFECTS STUDENTS FROM LOW -INCOME9
	81	+	HOUSEHOLDS. ACCORDING TO RECENT RESEARCH , ONE IN FOUR STUDENTS10
	82	+	WHO MENSTRUATE IN THE UNITED STATES CANNOT AFFORD MENSTRUAL11
	83	+	PRODUCTS.12
43	84		(III) A
44		-	STUDENT'S INABILITY TO ACCESS MENSTRUAL PRODUCTS MAY
45		-	LEAD TO HEALTH ISSUES
46		-	, INCREASE ABSENCES FROM SCHOOL , AND
47		-	NEGATIVELY IMPACT A STUDENT
48		-	'S ABILITY TO FULLY PARTICIPATE IN THE
49		-	STUDENT
50		-	'S EDUCATION; AND
51		-	(IV) PROVIDING FREE MENSTRUAL PRODUCTS TO STUDENTS IN
52		-	SCHOOLS INCREASES ACCESS TO EDUCATI ONAL OPPORTUNITIES AND
53		-	SUPPORTS STUDENT WELL
54		-	-BEING AND SUCCESS.
	85	+	STUDENT'S INABILITY TO ACCESS MENSTRUAL PRODUCTS13
	86	+	MAY LEAD TO HEALTH ISSUES, INCREASE ABSENCES FROM SCHOOL , AND14
	87	+	NEGATIVELY IMPACT A STUDENT 'S ABILITY TO FULLY PARTICIPATE IN THE15
	88	+	STUDENT'S EDUCATION; AND16
	89	+	1164-2- (IV) PROVIDING FREE MENSTRUAL PRODUCTS TO STUDENTS IN1
	90	+	SCHOOLS INCREASES ACCESS TO EDUCATIONAL OPPORTUNITIES AND2
	91	+	SUPPORTS STUDENT WELL-BEING AND SUCCESS.3
55	92		(b) T
56		-	HEREFORE, THE GENERAL ASSEMBLY DECLARES IT NECESSARY
57		-	TO ENSURE THAT ALL STUDENTS WHO MENSTRUATE HAVE ACCESS TO
58		-	MENSTRUAL PRODUCTS IN ORDER TO PROMOTE THE HEALTH
59		-	, DIGNITY, AND
60		-	EDUCATION EQUALITY OF ALL STUDENTS
61		-	.
62		-	(2) (a) (I) O
63		-	N OR BEFORE JUNE 30, 2025, A LOCAL EDUCATION
64		-	PROVIDER SHALL PROVIDE MENSTRUAL PRODUCTS AT NO EXPENSE TO
65		-	STUDENTS IN AT LEAST TWENTY
66		-	-FIVE PERCENT OF APPLICABLE STUDENT
67		-	BATHROOMS IN ALL APPLICABLE SCHOOL BUILDINGS
68		-	.
69		-	(II) O
70		-	N OR BEFORE JUNE 30, 2026, A LOCAL EDUCATION PROVIDER
71		-	SHALL PROVIDE MENSTRUAL PRODUCTS AT NO EXPENSE TO STUDENTS IN AT
72		-	LEAST FIFTY PERCENT OF APPLICABLE STUDENT BATHROOMS IN ALL
73		-	APPLICABLE SCHOOL BUILDINGS
74		-	.
75		-	(III) O
76		-	N OR BEFORE JUNE 30, 2027, A LOCAL EDUCATION PROVIDER
77		-	SHALL PROVIDE MENSTRUAL PRODUCTS AT NO EXPENSE TO STUDENTS IN AT
78		-	LEAST SEVENTY
79		-	-FIVE PERCENT OF APPLICABLE STUDENT BATHROOMS IN ALL
80		-	APPLICABLE SCHOOL BUILDINGS
81		-	.
82		-	(IV) O
83		-	N OR BEFORE JUNE 30, 2028, A LOCAL EDUCATION PROVIDER;
84		-	THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND , CREATED AND
85		-	EXISTING PURSUANT TO SECTION
86		-	22-80-102 (1)(a); AND AN APPROVED
87		-	PAGE 2-HOUSE BILL 24-1164 FACILITY SCHOOL, AS DEFINED IN SECTION 22-2-402, SHALL PROVIDE
88		-	MENSTRUAL PRODUCTS AT NO EXPENSE TO STUDENTS IN ALL APPLICABLE
89		-	STUDENT BATHROOMS IN ALL APPLICABLE SCHOOL BUILDINGS
90		-	.
91		-	(b) N
92		-	OTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION TO THE
93		-	CONTRARY
94		-	, A LOCAL EDUCATION PROVIDER THAT IS A SMALL RURAL SCHOOL
95		-	DISTRICT
96		-	, INCLUDING A CHARTER SCHOOL OF THE SMALL RURAL SCHOOL
97		-	DISTRICT
98		-	, OR AN INSTITUTE CHARTER SCHOOL LOCATED WITHIN THE
99		-	GEOGRAPHIC BOUNDARIES OF A SMALL RURAL SCHOOL DISTRICT IS NOT
100		-	REQUIRED TO COMPLY WITH SUBSECTION
101		-	(2)(a)(I), (2)(a)(II), OR (2)(a)(III)
102		-	OF THIS SECTION.
103		-	(3) N
104		-	OTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, IF AN
105		-	APPLICABLE SCHOOL BUILDING DOES NOT HAVE A GENDER
106		-	-NEUTRAL
107		-	BATHROOM
108		-	, THE LOCAL EDUCATION PROVIDER, THE COLORADO SCHOOL FOR
109		-	THE DEAF AND THE BLIND
110		-	, OR THE APPROVED FACILITY SCHOOL SHALL
111		-	PROVIDE MENSTRUAL PRODUCTS IN FEMALE
112		-	-DESIGNATED BATHROOMS AND
113		-	IN A HEALTH OFFICE LOCATED IN THE APPLICABLE SCHOOL BUILDING THAT
114		-	IS ACCESSIBLE TO STUDENTS WHO MENSTRUATE
115		-	; EXCEPT THAT, IF THERE IS
116		-	NOT A HEALTH OFFICE
117		-	, THE LOCAL EDUCATION PROVIDER , THE COLORADO
118		-	SCHOOL FOR THE DEAF AND THE BLIND
119		-	, OR THE APPROVED FACILITY SCHOOL
120		-	SHALL PROVIDE THE MENSTRUAL PRODUCTS IN AN ADMINISTRATIVE OFFICE
121		-	LOCATED IN THE APPLICABLE SCHOOL BUILDING ACCESSIBLE TO STUDENTS
122		-	WHO MENSTRUATE
123		-	.
124		-	(4) N
125		-	OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
126		-	CONTRARY
127		-	, IF AN APPLICABLE SCHOOL BUILDING IS USED BY THE LOCAL
128		-	EDUCATION PROVIDER
129		-	, THE COLORADO SCHOOL FOR THE DEAF AND THE
130		-	BLIND
131		-	, OR THE APPROVED FACILITY SCHOOL TO PROVIDE EDUCATIONAL
132		-	SERVICES ONLY TO STUDENTS WHO ARE ENROLLED IN KINDERGARTEN
133		-	THROUGH GRADE SIX
134		-	, THE LOCAL EDUCATION PROVIDER SHALL PROVIDE
135		-	MENSTRUAL PRODUCTS BUT MAY PROVIDE MENSTRUAL PRODUCTS IN A
136		-	HEALTH OFFICE LOCATED IN THE APPLICABLE SCHOOL BUILDING THAT IS
137		-	ACCESSIBLE TO STUDENTS WHO MENSTRUATE
138		-	; EXCEPT THAT, IF THERE IS NOT
139		-	A HEALTH OFFICE
140		-	, THE LOCAL EDUCATION PROVIDER SHALL PROVIDE THE
141		-	MENSTRUAL PRODUCTS IN AN ADMINISTRATIVE OFFICE LOCATED IN THE
142		-	APPLICABLE SCHOOL BUILDING ACCESSIBLE TO STUDENTS WHO
143		-	MENSTRUATE
144		-	.
145		-	(5) N
146		-	OTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, IF A
147		-	PAGE 3-HOUSE BILL 24-1164 LOCAL EDUCATION PROVIDER , THE COLORADO SCHOOL FOR THE DEAF AND
148		-	THE BLIND
149		-	, OR AN APPROVED FACILITY SCHOOL IS EXPERIENCING VANDALISM
150		-	OR DESTRUCTION OF PROPERTY AS A RESULT OF COMPLYING WITH THE
151		-	REQUIREMENTS OF THIS SECTION
152		-	, THE LOCAL EDUCATION PROVIDER , THE
153		-	COLORADO SCHOOL FOR THE DEAF AND THE BLIND , OR THE APPROVED
154		-	FACILITY SCHOOL MAY REMOVE THE MENSTRUAL PRODUCTS FROM THE
155		-	APPLICABLE STUDENT BATHROOM
156		-	. IF A LOCAL EDUCATION PROVIDER , THE
157		-	COLORADO SCHOOL FOR THE DEAF AND THE BLIND , OR AN APPROVED
158		-	FACILITY SCHOOL REMOVES MENSTRUAL PRODUCTS FROM AN APPLICABLE
159		-	STUDENT BATHROOM PURSUANT TO THIS SUBSECTION
160		-	(4), THE LOCAL
161		-	EDUCATION PROVIDER
162		-	, THE COLORADO SCHOOL FOR THE DEAF AND THE
163		-	BLIND
164		-	, OR THE APPROVED FACILITY SCHOOL SHALL POST INFORMATION IN
165		-	THE APPLICABLE STUDENT BATHROOM REGARDING WHERE MENSTRUAL
166		-	PRODUCTS ARE AVAILABLE IN THE APPLICABLE SCHOOL BUILDING
167		-	.
168		-	(6) (a) A
169		-	LOCAL EDUCATION PROVIDER THAT IS REQUIRED TO
170		-	COMPLY WITH SUBSECTIONS
171		-	(2)(a)(I), (2)(a)(II), AND (2)(a)(III) OF THIS
172		-	SECTION SHALL POST INFORMATION IN APPLICABLE SCHOOL BATHROOMS
173		-	WHERE THERE ARE NOT YET MENSTRUAL PRODUCTS REGARDING WHERE
174		-	MENSTRUAL PRODUCTS ARE AVAILABLE IN THE APPLICABLE SCHOOL
175		-	BUILDING
176		-	.
177		-	(b) T
178		-	HIS SUBSECTION (6) IS REPEALED, EFFECTIVE JULY 1, 2030.
179		-	(7) A
180		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
181		-	REQUIRES
182		-	:
183		-	(a) "A
184		-	PPLICABLE SCHOOL BUILDING" MEANS A BUILDING THAT IS
185		-	USED BY A LOCAL EDUCATION PROVIDER TO PROVIDE EDUCATIONAL
186		-	SERVICES TO STUDENTS WHO ARE ENROLLED IN ANY OF GRADES SIX
187		-	THROUGH TWELVE
188		-	.
	93	+	HEREFORE, THE GENERAL ASSEMBLY DECLARES IT NECESSARY4
	94	+	TO ENSURE THAT ALL STUDENTS WHO MENSTRUATE HAVE ACCESS TO5
	95	+	MENSTRUAL PRODUCTS IN ORDER TO PROMOTE THE HEALTH , DIGNITY, AND6
	96	+	EDUCATION EQUALITY OF ALL STUDENTS .7 (2) (a) (I) ON OR BEFORE JUNE 30, 2025, A LOCAL EDUCATION8
	97	+	PROVIDER SHALL PROVIDE MENSTRUAL PRODUCTS AT NO EXPENSE TO9
	98	+	STUDENTS IN AT LEAST TWENTY-FIVE PERCENT OF APPLICABLE STUDENT10
	99	+	BATHROOMS IN ALL APPLICABLE SCHOOL BUILDINGS .11
	100	+	(II) ON OR BEFORE JUNE 30, 2026, A LOCAL EDUCATION PROVIDER12
	101	+	SHALL PROVIDE MENSTRUAL PRODUCTS AT NO EXPENSE TO STUDENTS IN13
	102	+	AT LEAST FIFTY PERCENT OF APPLICABLE STUDENT BATHROOMS IN ALL14
	103	+	APPLICABLE SCHOOL BUILDINGS.15
	104	+	(III) ON OR BEFORE JUNE 30, 2027, A LOCAL EDUCATION PROVIDER16
	105	+	SHALL PROVIDE MENSTRUAL PRODUCTS AT NO EXPENSE TO STUDENTS IN17
	106	+	AT LEAST SEVENTY-FIVE PERCENT OF APPLICABLE STUDENT BATHROOMS18
	107	+	IN ALL APPLICABLE SCHOOL BUILDINGS.19
	108	+	(IV) ON OR BEFORE JUNE 30, 2028, A LOCAL EDUCATION20
	109	+	PROVIDER; THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND,21
	110	+	CREATED AND EXISTING PURSUANT TO SECTION 22-80-102 (1)(a); AND AN22
	111	+	APPROVED FACILITY SCHOOL, AS DEFINED IN SECTION 22-2-402, SHALL23
	112	+	PROVIDE MENSTRUAL PRODUCTS AT NO EXPENSE TO STUDENTS IN ALL24
	113	+	APPLICABLE STUDENT BATHROOMS IN ALL APPLICABLE SCHOOL BUILDINGS .25
	114	+	(b) NOTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION TO26
	115	+	THE CONTRARY, A LOCAL EDUCATION PROVIDER THAT IS A SMALL RURAL27
	116	+	1164
	117	+	-3- SCHOOL DISTRICT, INCLUDING A CHARTER SCHOOL OF THE SMALL RURAL1
	118	+	SCHOOL DISTRICT, OR AN INSTITUTE CHARTER SCHOOL LOCATED WITHIN2
	119	+	THE GEOGRAPHIC BOUNDARIES OF A SMALL RURAL SCHOOL DISTRICT IS3
	120	+	NOT REQUIRED TO COMPLY WITH SUBSECTION (2)(a)(I), (2)(a)(II), OR4
	121	+	(2)(a)(III) OF THIS SECTION.5
	122	+	(3) NOTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, IF AN6
	123	+	APPLICABLE SCHOOL BUILDING DOES NOT HAVE A GENDER -NEUTRAL7
	124	+	BATHROOM, THE LOCAL EDUCATION PROVIDER, THE COLORADO SCHOOL8
	125	+	FOR THE DEAF AND THE BLIND, OR THE APPROVED FACILITY SCHOOL SHALL9
	126	+	PROVIDE MENSTRUAL PRODUCTS IN FEMALE-DESIGNATED BATHROOMS10
	127	+	AND IN A HEALTH OFFICE LOCATED IN THE APPLICABLE SCHOOL BUILDING11
	128	+	THAT IS ACCESSIBLE TO STUDENTS WHO MENSTRUATE; EXCEPT THAT, IF12
	129	+	THERE IS NOT A HEALTH OFFICE, THE LOCAL EDUCATION PROVIDER , THE13
	130	+	COLORADO SCHOOL FOR THE DEAF AND THE BLIND, OR THE APPROVED14
	131	+	FACILITY SCHOOL SHALL PROVIDE THE MENSTRUAL PRODUCTS IN AN15
	132	+	ADMINISTRATIVE OFFICE LOCATED IN THE APPLICABLE SCHOOL BUILDING16
	133	+	ACCESSIBLE TO STUDENTS WHO MENSTRUATE . 17
	134	+	(4) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE18
	135	+	CONTRARY, IF AN APPLICABLE SCHOOL BUILDING IS USED BY THE LOCAL19
	136	+	EDUCATION PROVIDER, THE COLORADO SCHOOL FOR THE DEAF AND THE20
	137	+	BLIND, OR THE APPROVED FACILITY SCHOOL TO PROVIDE EDUCATIONAL21
	138	+	SERVICES ONLY TO STUDENTS WHO ARE ENROLLED IN KINDERGARTEN22
	139	+	THROUGH GRADE SIX, THE LOCAL EDUCATION PROVIDER SHALL PROVIDE23
	140	+	MENSTRUAL PRODUCTS BUT MAY PROVIDE MENSTRUAL PRODUCTS IN A24
	141	+	HEALTH OFFICE LOCATED IN THE APPLICABLE SCHOOL BUILDING THAT IS25
	142	+	ACCESSIBLE TO STUDENTS WHO MENSTRUATE; EXCEPT THAT, IF THERE IS26
	143	+	NOT A HEALTH OFFICE, THE LOCAL EDUCATION PROVIDER SHALL PROVIDE27
	144	+	1164
	145	+	-4- THE MENSTRUAL PRODUCTS IN AN ADMINISTRATIVE OFFICE LOCATED IN1
	146	+	THE APPLICABLE SCHOOL BUILDING ACCESSIBLE TO STUDENTS WHO2
	147	+	MENSTRUATE.3
	148	+	(5) NOTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, IF A4
	149	+	LOCAL EDUCATION PROVIDER, THE COLORADO SCHOOL FOR THE DEAF AND5
	150	+	THE BLIND, OR AN APPROVED FACILITY SCHOOL IS EXPERIENCING6
	151	+	VANDALISM OR DESTRUCTION OF PROPERTY AS A RESULT OF COMPLYING7
	152	+	WITH THE REQUIREMENTS OF THIS SECTION, THE LOCAL EDUCATION8
	153	+	PROVIDER, THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND, OR THE9
	154	+	APPROVED FACILITY SCHOOL MAY REMOVE THE MENSTRUAL PRODUCTS10
	155	+	FROM THE APPLICABLE STUDENT BATHROOM . IF A LOCAL EDUCATION11
	156	+	PROVIDER, THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND, OR AN12
	157	+	APPROVED FACILITY SCHOOL REMOVES MENSTRUAL PRODUCTS FROM AN13
	158	+	APPLICABLE STUDENT BATHROOM PURSUANT TO THIS SUBSECTION (4), THE14
	159	+	LOCAL EDUCATION PROVIDER, THE COLORADO SCHOOL FOR THE DEAF AND15
	160	+	THE BLIND, OR THE APPROVED FACILITY SCHOOL SHALL POST INFORMATION16
	161	+	IN THE APPLICABLE STUDENT BATHROOM REGARDING WHERE MENSTRUAL17
	162	+	PRODUCTS ARE AVAILABLE IN THE APPLICABLE SCHOOL BUILDING .18
	163	+	(6) (a) A LOCAL EDUCATION PROVIDER THAT IS REQUIRED TO19
	164	+	COMPLY WITH SUBSECTIONS (2)(a)(I), (2)(a)(II), AND (2)(a)(III) OF THIS20
	165	+	SECTION SHALL POST INFORMATION IN APPLICABLE SCHOOL BATHROOMS21
	166	+	WHERE THERE ARE NOT YET MENSTRUAL PRODUCTS REGARDING WHERE22
	167	+	MENSTRUAL PRODUCTS ARE AVAILABLE IN THE APPLICABLE SCHOOL23
	168	+	BUILDING.24
	169	+	(b) THIS SUBSECTION (6) IS REPEALED, EFFECTIVE JULY 1, 2030.25
	170	+	(7) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE26
	171	+	REQUIRES:27
	172	+	1164
	173	+	-5- (a) "APPLICABLE SCHOOL BUILDING" MEANS A BUILDING THAT IS1
	174	+	USED BY A LOCAL EDUCATION PROVIDER TO PROVIDE EDUCATIONAL2
	175	+	SERVICES TO STUDENTS WHO ARE ENROLLED IN ANY OF GRADES SIX3
	176	+	THROUGH TWELVE.4
189	177		(b) "A
190		-	PPLICABLE STUDENT BATHROOM " MEANS A
191		-	FEMALE
192		-	-DESIGNATED BATHROOM OR A GENDER -NEUTRAL BATHROOM IN AN
193		-	APPLICABLE SCHOOL BUILDING THAT IS ACCESSIBLE TO STUDENTS WHO ARE
194		-	ENROLLED IN ANY OF GRADES SIX THROUGH TWELVE WHO MENSTRUATE
195		-	.
	178	+	PPLICABLE STUDENT BATHROOM " MEANS A5 FEMALE-DESIGNATED BATHROOM OR A GENDER-NEUTRAL BATHROOM IN6
	179	+	AN APPLICABLE SCHOOL BUILDING THAT IS ACCESSIBLE TO STUDENTS WHO7
	180	+	ARE ENROLLED IN ANY OF GRADES SIX THROUGH TWELVE WHO8
	181	+	MENSTRUATE.9
196	182		(c) "L
197		-	OCAL EDUCATION PROVIDER " MEANS A SCHOOL DISTRICT, A
198		-	CHARTER SCHOOL AUTHORIZED BY A ~~SCHOOL~~ DISTRICT PURSUANT TO ~~PART~~
199		-	1 ~~OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY~~
200		-	~~PAGE 4-HOUSE~~ ~~BILL 24-1164~~ ~~THE STATE~~ CHARTER SCHOOL ~~INSTITUTE PURSUANT TO PART 5 OF ARTICLE~~
201		-	~~30.~~5 OF ~~THIS TITLE 22, OR A BOARD OF COOPERATIVE SERVICES CREATED AND~~
202		-	~~OPERATING PURSUANT TO ARTICLE~~
203		-	5 OF THIS TITLE 22 ~~THAT OPERATES ONE~~
204		-	~~OR MORE PUBLIC SCHOOLS~~
205		-	.
	183	+	OCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A10
	184	+	CHARTER SCHOOL AUTHORIZED BY A SC HOOL DISTRICT PURSUANT TO PART11
	185	+	1
	186	+	OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY12
	187	+	THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE13
	188	+	30.5
	189	+	OF THIS TITLE 22, OR A BOARD OF COOPERATIVE SERVICES CREATED14
	190	+	AND OPERATING PURSUANT TO ARTICLE 5 OF THIS TITLE 22 THAT15
	191	+	OPERATES ONE OR MORE PUBLIC SCHOOLS .16
206	192		(d) "M
207		-	ENSTRUAL PRODUCTS" MEANS, AT A MINIMUM, TAMPONS AND
208		-	MENSTRUAL PADS
209		-	.
	193	+	ENSTRUAL PRODUCTS" MEANS, AT A MINIMUM, TAMPONS17
	194	+	AND MENSTRUAL PADS.18
210	195		(e) "S
211		-	MALL RURAL SCHOOL DISTRICT " MEANS A SCHOOL DISTRICT
212		-	THAT THE DEPARTMENT OF EDUCATION DETERMINES IS RURAL
213		-	, BASED ON
214		-	THE GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE
215		-	SCHOOL DISTRICT FROM THE NEAREST LARGE
216		-	, URBANIZED AREA, AND THAT
217		-	ENROLLS FEWER THAN ONE THOUSAND TWO HUNDRED STUDENTS IN
218		-	KINDERGARTEN THROUGH TWELFTH GRADE
219		-	.
220		-	SECTION 2. In Colorado Revised Statutes, 22-2-147, amend (2),
221		-	(3)(b), (3)(c), and (6); and add (3)(d), (5.3), (5.7), (8)(d), and (8)(e) as
222		-	follows:
223		-	22-2-147. Menstrual hygiene products accessibility grant
224		-	program - eligibility - report - rules - definitions. (2) A grant recipient
225		-	shall use the award to acquire and distribute menstrual hygiene products at
226		-	no expense to students or
227		-	ACQUIRE, install, and maintain a dispensing
228		-	machine or disposal receptacle for menstrual hygiene products.
229		-	(3) An eligible grant recipient is:
230		-	(b) The Colorado school for the deaf and the blind, created and
231		-	existing pursuant to section 22-80-102 (1)(a); or
232		-	(c) An approved facility school, as defined in section 22-2-402 (1);
233		-	OR
234		-	(d) A RURAL SCHOOL DISTRICT , A SMALL RURAL DISTRICT , A
235		-	CHARTER SCHOOL OF A RURAL SCHOOL DISTRICT OR A SMALL RURAL
236		-	DISTRICT
237		-	, OR AN INSTITUTE CHARTER SCHOOL LOCATED WITHIN THE
238		-	GEOGRAPHIC BOUNDARIES OF A RURAL SCHOOL DISTRICT OR SMALL RURAL
239		-	SCHOOL DISTRICT
240		-	.
	196	+	MALL RURAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT19
	197	+	THAT THE DEPARTMENT OF EDUCATION DETERMINES IS RURAL , BASED ON20
	198	+	THE GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE21
	199	+	SCHOOL DISTRICT FROM THE NEAREST LARGE , URBANIZED AREA, AND THAT22
	200	+	ENROLLS FEWER THAN ONE THOUSAND TWO HUNDRED STUDENTS IN23
	201	+	KINDERGARTEN THROUGH TWELFTH GRADE .24
	202	+	SECTION 2. In Colorado Revised Statutes, 22-2-147, amend (2),25
	203	+	(3)(b), (3)(c), and (6); and add (3)(d), (5.3), (5.7), (8)(d), and (8)(e) as26
	204	+	follows:27
	205	+	1164
	206	+	-6- 22-2-147. Menstrual hygiene products accessibility grant1
	207	+	program - eligibility - report - rules - definitions. (2) A grant recipient2
	208	+	shall use the award to acquire and distribute menstrual hygiene products3
	209	+	at no expense to students or
	210	+	ACQUIRE, install, and maintain a dispensing4
	211	+	machine or disposal receptacle for menstrual hygiene products.5
	212	+	(3) An eligible grant recipient is:6
	213	+	7
	214	+	(b) The Colorado school for the deaf and the blind, created and8
	215	+	existing pursuant to section 22-80-102 (1)(a); or9
	216	+	(c) An approved facility school, as defined in section 22-2-40210
	217	+	(1); OR11
	218	+	(d) A RURAL SCHOOL DISTRICT, A SMALL RURAL DISTRICT, A12
	219	+	CHARTER SCHOOL OF A RURAL SCHOOL DISTRICT OR A SMALL RURAL13
	220	+	DISTRICT, OR AN INSTITUTE CHARTER SCHOOL LOCATED WITHIN THE14
	221	+	GEOGRAPHIC BOUNDARIES OF A RURAL SCHOOL DISTRICT OR SMALL RURAL15
	222	+	SCHOOL DISTRICT.16
241	223		(5.3) F
242		-	OR THE 2024-25 STATE FISCAL YEAR, THE GENERAL ASSEMBLY
243		-	PAGE 5-HOUSE BILL 24-1164 SHALL APPROPRIATE TO THE DEPARTMENT TWO HUNDRED THOUSAND
244		-	DOLLARS FROM THE GENERAL FUND FOR PURPOSES OF THIS SECTION
245		-	.
	224	+	OR THE 2024-25 STATE FISCAL YEAR, THE GENERAL17
	225	+	ASSEMBLY SHALL APPROPRIATE TO THE DEPARTMENT
	226	+	TWO HUNDRED18
	227	+	THOUSAND DOLLARS FROM THE GENERAL FUND FOR PURPOSES OF THIS19
	228	+	SECTION.20
246	229		(5.7) T
247		-	HE DEPARTMENT MAY RETAIN NO MORE THAN ~~TEN PERCENT~~
248		-	~~OF THE TOTAL AMOUNT APPROPRIATED PURSUANT TO SUBSECTION~~
249		-	(5.3) OF
250		-	THIS SECTION FOR THE GRANT PROGRAM TO OFFSET THE ~~ACTUAL~~
251		-	ADMINISTRATIVE COSTS INCURRED IN ADMINISTERING THE ~~GRANT PROGRAM~~
252		-	.
253		-	(6) (a) On or before October 1, 2022, and on or before October 1
254		-	2023
255		-	~~EACH YEAR THEREAFTER, each grant recipient shall submit a report to~~
256		-	the department. The report must include information concerning ~~the amount~~
257		-	of money spent on the acquisition and distribution of ~~menstrual hygiene~~
258		-	products and the amount of money spent on the
259		-	ACQUISITION, ~~installation,~~
260		-	and maintenance of a dispensing machine or ~~disposal receptacle for~~
261		-	menstrual hygiene products.
	230	+	HE DEPARTMENT MAY RETAIN NO MORE THAN
	231	+	TEN PERCENT21
	232	+	OF THE TOTAL AMOUNT APPROPRIATED PURSUANT TO SUBSECTION (5.3) OF22
	233	+	THIS SECTION FOR THE GRANT PROGRAM TO OFFSET THE ACTUAL23
	234	+	ADMINISTRATIVE COSTS INCURRED IN ADMINISTERING THE GRANT24
	235	+	PROGRAM.25
	236	+	(6) (a) On or before October 1, 2022, and on or before October 126
	237	+	2023 EACH YEAR THEREAFTER, each grant recipient shall submit a report27
	238	+	1164
	239	+	-7- to the department. The report must include information concerning the1
	240	+	amount of money spent on the acquisition and distribution of menstrual2
	241	+	hygiene products and the amount of money spent on the
	242	+	ACQUISITION,3
	243	+	installation, and maintenance of a dispensing machine or disposal4
	244	+	receptacle for menstrual hygiene products.5
262	245		(b) On or before January 2, 2023, and on or before January 2 2024
263		-	EACH YEAR THEREAFTER, the department shall submit a summarized report
264		-	of the information received pursuant to subsection (6)(a) of this section to
265		-	the education committees of the senate and house of representatives, or any
266		-	successor committees.
	246	+	6
	247	+	EACH YEAR THEREAFTER , the department shall submit a summarized7
	248	+	report of the information received pursuant to subsection (6)(a) of this8
	249	+	section to the education committees of the senate and house of9
	250	+	representatives, or any successor committees.10
267	251		(c) N
268		-	OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-~~136~~
	252	+	OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13611
269	253		(11)(a)(I),
270		-	THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS
271		-	SUBSECTION
272		-	(6) CONTINUES INDEFINITELY.
273		-	(8) As used in this section, unless the context otherwise requires:
274		-	(d) "R
275		-	URAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT THAT THE
276		-	DEPARTMENT OF EDUCATION DETERMINES IS RURAL
277		-	, BASED ON THE
278		-	GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE
279		-	SCHOOL DISTRICT FROM THE NEAREST LARGE
280		-	, URBANIZED AREA.
281		-	(e) "S
282		-	MALL RURAL SCHOOL DISTRICT " MEANS A SCHOOL DISTRICT
283		-	THAT THE DEPARTMENT OF EDUCATION DETERMINES IS RURAL
284		-	, BASED ON
285		-	THE GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE
286		-	SCHOOL DISTRICT FROM THE NEAREST LARGE
287		-	, URBANIZED AREA, AND THAT
288		-	ENROLLS FEWER THAN ONE THOUSAND TWO HUNDRED STUDENTS IN
289		-	KINDERGARTEN THROUGH TWELFTH GRADE
290		-	.
291		-	PAGE 6-HOUSE BILL 24-1164 SECTION 3. Appropriation. For the 2024-25 state fiscal year,
292		-	$100,000 is appropriated to the department of education for use by student
293		-	pathways. This appropriation is from the general fund and is based on an
294		-	assumption that the division will require an additional 0.2 FTE. To
295		-	implement this act, the division may use this appropriation for the menstrual
296		-	hygiene product accessibility grant program.
297		-	SECTION 4. Act subject to petition - effective date. This act
298		-	takes effect at 12:01 a.m. on the day following the expiration of the
299		-	ninety-day period after final adjournment of the general assembly; except
300		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
301		-	of the state constitution against this act or an item, section, or part of this act
302		-	within such period, then the act, item, section, or part will not take effect
303		-	unless approved by the people at the general election to be held in
304		-	PAGE 7-HOUSE BILL 24-1164 November 2024 and, in such case, will take effect on the date of the official
305		-	declaration of the vote thereon by the governor.
306		-	____________________________ ____________________________
307		-	Julie McCluskie Steve Fenberg
308		-	SPEAKER OF THE HOUSE PRESIDENT OF
309		-	OF REPRESENTATIVES THE SENATE
310		-	____________________________ ____________________________
311		-	Robin Jones Cindi L. Markwell
312		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
313		-	OF REPRESENTATIVES THE SENATE
314		-	APPROVED________________________________________
315		-	(Date and Time)
316		-	_________________________________________
317		-	Jared S. Polis
318		-	GOVERNOR OF THE STATE OF COLORADO
319		-	PAGE 8-HOUSE BILL 24-1164
	254	+	THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS12
	255	+	SUBSECTION (6) CONTINUES INDEFINITELY.13
	256	+	(8) As used in this section, unless the context otherwise requires:14
	257	+	(d) "RURAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT THAT15
	258	+	THE DEPARTMENT OF EDUCATION DETERMINES IS RURAL, BASED ON THE16
	259	+	GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE17
	260	+	SCHOOL DISTRICT FROM THE NEAREST LARGE , URBANIZED AREA.18
	261	+	(e) "SMALL RURAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT19
	262	+	THAT THE DEPARTMENT OF EDUCATION DETERMINES IS RURAL, BASED ON20
	263	+	THE GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE21
	264	+	SCHOOL DISTRICT FROM THE NEAREST LARGE , URBANIZED AREA, AND THAT22
	265	+	ENROLLS FEWER THAN ONE THOUSAND TWO HUNDRED STUDENTS IN23
	266	+	KINDERGARTEN THROUGH TWELFTH GRADE .24
	267	+	SECTION 3. Appropriation. For the 2024-25 state fiscal year,25
	268	+	$100,000 is appropriated to the department of education for use by26
	269	+	student pathways. This appropriation is from the general fund and is27
	270	+	1164
	271	+	-8- based on an assumption that the division will require an additional 0.21
	272	+	FTE. To implement this act, the division may use this appropriation for2
	273	+	the menstrual hygiene product accessibility grant program.3
	274	+	SECTION 4. Act subject to petition - effective date. This act4
	275	+	takes effect at 12:01 a.m. on the day following the expiration of the5
	276	+	ninety-day period after final adjournment of the general assembly; except6
	277	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V7
	278	+	of the state constitution against this act or an item, section, or part of this8
	279	+	act within such period, then the act, item, section, or part will not take9
	280	+	effect unless approved by the people at the general election to be held in10
	281	+	November 2024 and, in such case, will take effect on the date of the11
	282	+	official declaration of the vote thereon by the governor.12
	283	+	1164
	284	+	-9-