HOUSE BILL 24-1164
BY REPRESENTATIVE(S) Titone and Willford, Herod, Bacon,
Boesenecker, Brown, deGruy Kennedy, Duran, English, Epps, Hamrick,
Jodeh, Kipp, Lieder, Lindsay, Lukens, Mabrey, Marvin, McCormick,
Parenti, Rutinel, Sirota, Story, Valdez, Velasco, Weissman, Woodrow,
Young, McCluskie;
also SENATOR(S) Buckner and Winter F., Bridges, Coleman, Cutter,
Danielson, Exum, Fields, Gonzales, Hansen, Hinrichsen, Jaquez Lewis,
Kolker, Marchman, Michaelson Jenet, Priola, Roberts, Sullivan.
C
ONCERNING MEASURES TO PROVIDE MENSTRUAL PRODUCTS AT NO EXPENSE
TO STUDENTS
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 22-1-147 as
follows:
22-1-147. Menstrual products accessibility - rules - legislative
declaration - definitions - repeal. (1) (a) T
HE GENERAL ASSEMBLY FINDS
THAT
:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (I) MENSTRUAL PRODUCTS ARE A BASIC HEALTH NEED ;
(II) T
HE LACK OF ACCESS TO MENSTRUAL PRODUCTS
DISPROPORTIONATELY AFFECTS STUDENTS FROM LOW
-INCOME HOUSEHOLDS.
A
CCORDING TO RECENT RESEARCH , ONE IN FOUR STUDENTS WHO
MENSTRUATE IN THE
UNITED STATES CANNOT AFFORD MENSTRUAL
PRODUCTS
.
(III) A
STUDENT'S INABILITY TO ACCESS MENSTRUAL PRODUCTS MAY
LEAD TO HEALTH ISSUES
, INCREASE ABSENCES FROM SCHOOL , AND
NEGATIVELY IMPACT A STUDENT
'S ABILITY TO FULLY PARTICIPATE IN THE
STUDENT
'S EDUCATION; AND
(IV) PROVIDING FREE MENSTRUAL PRODUCTS TO STUDENTS IN
SCHOOLS INCREASES ACCESS TO EDUCATI ONAL OPPORTUNITIES AND
SUPPORTS STUDENT WELL
-BEING AND SUCCESS.
(b) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES IT NECESSARY
TO ENSURE THAT ALL STUDENTS WHO MENSTRUATE HAVE ACCESS TO
MENSTRUAL PRODUCTS IN ORDER TO PROMOTE THE HEALTH
, DIGNITY, AND
EDUCATION EQUALITY OF ALL STUDENTS
.
(2) (a) (I) O
N OR BEFORE JUNE 30, 2025, A LOCAL EDUCATION
PROVIDER SHALL PROVIDE MENSTRUAL PRODUCTS AT NO EXPENSE TO
STUDENTS IN AT LEAST TWENTY
-FIVE PERCENT OF APPLICABLE STUDENT
BATHROOMS IN ALL APPLICABLE SCHOOL BUILDINGS
.
(II) O
N OR BEFORE JUNE 30, 2026, A LOCAL EDUCATION PROVIDER
SHALL PROVIDE MENSTRUAL PRODUCTS AT NO EXPENSE TO STUDENTS IN AT
LEAST FIFTY PERCENT OF APPLICABLE STUDENT BATHROOMS IN ALL
APPLICABLE SCHOOL BUILDINGS
.
(III) O
N OR BEFORE JUNE 30, 2027, A LOCAL EDUCATION PROVIDER
SHALL PROVIDE MENSTRUAL PRODUCTS AT NO EXPENSE TO STUDENTS IN AT
LEAST SEVENTY
-FIVE PERCENT OF APPLICABLE STUDENT BATHROOMS IN ALL
APPLICABLE SCHOOL BUILDINGS
.
(IV) O
N OR BEFORE JUNE 30, 2028, A LOCAL EDUCATION PROVIDER;
THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND , CREATED AND
EXISTING PURSUANT TO SECTION
22-80-102 (1)(a); AND AN APPROVED
PAGE 2-HOUSE BILL 24-1164 FACILITY SCHOOL, AS DEFINED IN SECTION 22-2-402, SHALL PROVIDE
MENSTRUAL PRODUCTS AT NO EXPENSE TO STUDENTS IN ALL APPLICABLE
STUDENT BATHROOMS IN ALL APPLICABLE SCHOOL BUILDINGS
.
(b) N
OTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION TO THE
CONTRARY
, A LOCAL EDUCATION PROVIDER THAT IS A SMALL RURAL SCHOOL
DISTRICT
, INCLUDING A CHARTER SCHOOL OF THE SMALL RURAL SCHOOL
DISTRICT
, OR AN INSTITUTE CHARTER SCHOOL LOCATED WITHIN THE
GEOGRAPHIC BOUNDARIES OF A SMALL RURAL SCHOOL DISTRICT IS NOT
REQUIRED TO COMPLY WITH SUBSECTION
(2)(a)(I), (2)(a)(II), OR (2)(a)(III)
OF THIS SECTION.
(3) N
OTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, IF AN
APPLICABLE SCHOOL BUILDING DOES NOT HAVE A GENDER
-NEUTRAL
BATHROOM
, THE LOCAL EDUCATION PROVIDER, THE COLORADO SCHOOL FOR
THE DEAF AND THE BLIND
, OR THE APPROVED FACILITY SCHOOL SHALL
PROVIDE MENSTRUAL PRODUCTS IN FEMALE
-DESIGNATED BATHROOMS AND
IN A HEALTH OFFICE LOCATED IN THE APPLICABLE SCHOOL BUILDING THAT
IS ACCESSIBLE TO STUDENTS WHO MENSTRUATE
; EXCEPT THAT, IF THERE IS
NOT A HEALTH OFFICE
, THE LOCAL EDUCATION PROVIDER , THE COLORADO
SCHOOL FOR THE DEAF AND THE BLIND
, OR THE APPROVED FACILITY SCHOOL
SHALL PROVIDE THE MENSTRUAL PRODUCTS IN AN ADMINISTRATIVE OFFICE
LOCATED IN THE APPLICABLE SCHOOL BUILDING ACCESSIBLE TO STUDENTS
WHO MENSTRUATE
.
(4) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
CONTRARY
, IF AN APPLICABLE SCHOOL BUILDING IS USED BY THE LOCAL
EDUCATION PROVIDER
, THE COLORADO SCHOOL FOR THE DEAF AND THE
BLIND
, OR THE APPROVED FACILITY SCHOOL TO PROVIDE EDUCATIONAL
SERVICES ONLY TO STUDENTS WHO ARE ENROLLED IN KINDERGARTEN
THROUGH GRADE SIX
, THE LOCAL EDUCATION PROVIDER SHALL PROVIDE
MENSTRUAL PRODUCTS BUT MAY PROVIDE MENSTRUAL PRODUCTS IN A
HEALTH OFFICE LOCATED IN THE APPLICABLE SCHOOL BUILDING THAT IS
ACCESSIBLE TO STUDENTS WHO MENSTRUATE
; EXCEPT THAT, IF THERE IS NOT
A HEALTH OFFICE
, THE LOCAL EDUCATION PROVIDER SHALL PROVIDE THE
MENSTRUAL PRODUCTS IN AN ADMINISTRATIVE OFFICE LOCATED IN THE
APPLICABLE SCHOOL BUILDING ACCESSIBLE TO STUDENTS WHO
MENSTRUATE
.
(5) N
OTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, IF A
PAGE 3-HOUSE BILL 24-1164 LOCAL EDUCATION PROVIDER , THE COLORADO SCHOOL FOR THE DEAF AND
THE BLIND
, OR AN APPROVED FACILITY SCHOOL IS EXPERIENCING VANDALISM
OR DESTRUCTION OF PROPERTY AS A RESULT OF COMPLYING WITH THE
REQUIREMENTS OF THIS SECTION
, THE LOCAL EDUCATION PROVIDER , THE
COLORADO SCHOOL FOR THE DEAF AND THE BLIND , OR THE APPROVED
FACILITY SCHOOL MAY REMOVE THE MENSTRUAL PRODUCTS FROM THE
APPLICABLE STUDENT BATHROOM
. IF A LOCAL EDUCATION PROVIDER , THE
COLORADO SCHOOL FOR THE DEAF AND THE BLIND , OR AN APPROVED
FACILITY SCHOOL REMOVES MENSTRUAL PRODUCTS FROM AN APPLICABLE
STUDENT BATHROOM PURSUANT TO THIS SUBSECTION
(4), THE LOCAL
EDUCATION PROVIDER
, THE COLORADO SCHOOL FOR THE DEAF AND THE
BLIND
, OR THE APPROVED FACILITY SCHOOL SHALL POST INFORMATION IN
THE APPLICABLE STUDENT BATHROOM REGARDING WHERE MENSTRUAL
PRODUCTS ARE AVAILABLE IN THE APPLICABLE SCHOOL BUILDING
.
(6) (a) A
LOCAL EDUCATION PROVIDER THAT IS REQUIRED TO
COMPLY WITH SUBSECTIONS
(2)(a)(I), (2)(a)(II), AND (2)(a)(III) OF THIS
SECTION SHALL POST INFORMATION IN APPLICABLE SCHOOL BATHROOMS
WHERE THERE ARE NOT YET MENSTRUAL PRODUCTS REGARDING WHERE
MENSTRUAL PRODUCTS ARE AVAILABLE IN THE APPLICABLE SCHOOL
BUILDING
.
(b) T
HIS SUBSECTION (6) IS REPEALED, EFFECTIVE JULY 1, 2030.
(7) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "A
PPLICABLE SCHOOL BUILDING" MEANS A BUILDING THAT IS
USED BY A LOCAL EDUCATION PROVIDER TO PROVIDE EDUCATIONAL
SERVICES TO STUDENTS WHO ARE ENROLLED IN ANY OF GRADES SIX
THROUGH TWELVE
.
(b) "A
PPLICABLE STUDENT BATHROOM " MEANS A
FEMALE
-DESIGNATED BATHROOM OR A GENDER -NEUTRAL BATHROOM IN AN
APPLICABLE SCHOOL BUILDING THAT IS ACCESSIBLE TO STUDENTS WHO ARE
ENROLLED IN ANY OF GRADES SIX THROUGH TWELVE WHO MENSTRUATE
.
(c) "L
OCAL EDUCATION PROVIDER " MEANS A SCHOOL DISTRICT, A
CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURSUANT TO PART
1 OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY
PAGE 4-HOUSE BILL 24-1164 THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE
30.5 OF THIS TITLE 22, OR A BOARD OF COOPERATIVE SERVICES CREATED AND
OPERATING PURSUANT TO ARTICLE
5 OF THIS TITLE 22 THAT OPERATES ONE
OR MORE PUBLIC SCHOOLS
.
(d) "M
ENSTRUAL PRODUCTS" MEANS, AT A MINIMUM, TAMPONS AND
MENSTRUAL PADS
.
(e) "S
MALL RURAL SCHOOL DISTRICT " MEANS A SCHOOL DISTRICT
THAT THE DEPARTMENT OF EDUCATION DETERMINES IS RURAL
, BASED ON
THE GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE
SCHOOL DISTRICT FROM THE NEAREST LARGE
, URBANIZED AREA, AND THAT
ENROLLS FEWER THAN ONE THOUSAND TWO HUNDRED STUDENTS IN
KINDERGARTEN THROUGH TWELFTH GRADE
.
SECTION 2. In Colorado Revised Statutes, 22-2-147, amend (2),
(3)(b), (3)(c), and (6); and add (3)(d), (5.3), (5.7), (8)(d), and (8)(e) as
follows:
22-2-147. Menstrual hygiene products accessibility grant
program - eligibility - report - rules - definitions. (2) A grant recipient
shall use the award to acquire and distribute menstrual hygiene products at
no expense to students or
ACQUIRE, install, and maintain a dispensing
machine or disposal receptacle for menstrual hygiene products.
(3) An eligible grant recipient is:
(b) The Colorado school for the deaf and the blind, created and
existing pursuant to section 22-80-102 (1)(a); or
(c) An approved facility school, as defined in section 22-2-402 (1);
OR
(d) A RURAL SCHOOL DISTRICT , A SMALL RURAL DISTRICT , A
CHARTER SCHOOL OF A RURAL SCHOOL DISTRICT OR A SMALL RURAL
DISTRICT
, OR AN INSTITUTE CHARTER SCHOOL LOCATED WITHIN THE
GEOGRAPHIC BOUNDARIES OF A RURAL SCHOOL DISTRICT OR SMALL RURAL
SCHOOL DISTRICT
.
(5.3) F
OR THE 2024-25 STATE FISCAL YEAR, THE GENERAL ASSEMBLY
PAGE 5-HOUSE BILL 24-1164 SHALL APPROPRIATE TO THE DEPARTMENT TWO HUNDRED THOUSAND
DOLLARS FROM THE GENERAL FUND FOR PURPOSES OF THIS SECTION
.
(5.7) T
HE DEPARTMENT MAY RETAIN NO MORE THAN TEN PERCENT
OF THE TOTAL AMOUNT APPROPRIATED PURSUANT TO SUBSECTION
(5.3) OF
THIS SECTION FOR THE GRANT PROGRAM TO OFFSET THE ACTUAL
ADMINISTRATIVE COSTS INCURRED IN ADMINISTERING THE GRANT PROGRAM
.
(6) (a) On or before October 1, 2022, and on or before October 1
2023
EACH YEAR THEREAFTER, each grant recipient shall submit a report to
the department. The report must include information concerning the amount
of money spent on the acquisition and distribution of menstrual hygiene
products and the amount of money spent on the
ACQUISITION, installation,
and maintenance of a dispensing machine or disposal receptacle for
menstrual hygiene products.
(b) On or before January 2, 2023, and on or before January 2 2024
EACH YEAR THEREAFTER, the department shall submit a summarized report
of the information received pursuant to subsection (6)(a) of this section to
the education committees of the senate and house of representatives, or any
successor committees.
(c) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-136
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS
SUBSECTION
(6) CONTINUES INDEFINITELY.
(8) As used in this section, unless the context otherwise requires:
(d) "R
URAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT THAT THE
DEPARTMENT OF EDUCATION DETERMINES IS RURAL
, BASED ON THE
GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE
SCHOOL DISTRICT FROM THE NEAREST LARGE
, URBANIZED AREA.
(e) "S
MALL RURAL SCHOOL DISTRICT " MEANS A SCHOOL DISTRICT
THAT THE DEPARTMENT OF EDUCATION DETERMINES IS RURAL
, BASED ON
THE GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE
SCHOOL DISTRICT FROM THE NEAREST LARGE
, URBANIZED AREA, AND THAT
ENROLLS FEWER THAN ONE THOUSAND TWO HUNDRED STUDENTS IN
KINDERGARTEN THROUGH TWELFTH GRADE
.
PAGE 6-HOUSE BILL 24-1164 SECTION 3. Appropriation. For the 2024-25 state fiscal year,
$100,000 is appropriated to the department of education for use by student
pathways. This appropriation is from the general fund and is based on an
assumption that the division will require an additional 0.2 FTE. To
implement this act, the division may use this appropriation for the menstrual
hygiene product accessibility grant program.
SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 7-HOUSE BILL 24-1164 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 24-1164