This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0389z1.DOCX
DATE: 5/18/2023
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/HB 389 Menstrual Hygiene Products in Public Schools
SPONSOR(S): Education Quality Subcommittee, Skidmore and others
TIED BILLS: None. IDEN./SIM. BILLS: SB 334
FINAL HOUSE FLOOR ACTION: 110 Y’s
0 N’s GOVERNOR’S ACTION: Approved
SUMMARY ANALYSIS
CS/HB 389 passed the House on April 20, 2023. The bill was amended in the Senate on May 4, 2023, and was
returned to the House. The House concurred in the Senate amendment and subsequently passed the bill as
amended on May 4, 2023.
To increase the availability of menstrual hygiene products for students, the bill allows school districts to make
menstrual hygiene products available in each school within the district, at no charge. The menstrual hygiene
products may be located in the school nurse's office, other physical school facilities for health services, and in
school restrooms, including wheelchair accessible restrooms. Each participating school is required to provide
students with appropriate notice as to the availability and location of the menstrual hygiene products.
The bill encourages participating school districts to partner with nonprofit organizations, nongovernmental
organizations, businesses, and other organizations to assist in supplying and maintaining the menstrual
hygiene products.
The bill specifies that the menstrual hygiene products or the associated dispensing mechanism may not
display any advertisement, logo, or text except for the brand name, product information provided by the
manufacturer, or information necessary to maintain the dispensing mechanism.
The bill defines the term "menstrual hygiene products" to mean tampons and sanitary napkins for use in
connection with the menstrual cycle.
The bill does not appear to have a fiscal impact on state or local governments.
The bill was approved by the Governor on May 17, 2023, ch. 2023-100, L.O.F., and will become effective on
July 1, 2023.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Menstrual Cycle and Menstrual Hygiene Products
Present Situation
Girls usually get their first period between the ages of 10 and 15, but it can occur earlier or later.
Though some girls may feel scared or embarrassed by the arrival of their period, it is important that
they know periods are a normal and healthy part of having a female body.
1
Being prepared for menstruation is important to support the physical and mental well-being of
adolescents. In 2019, the Women’s Health Journal published the results of a study involving 693
women, 18–25 years old, all of whom had attended high schools in the United States. The women
were asked about their need for and the availability of menstrual hygiene products in high school
and the impact, if any, that lack of access to menstrual hygiene products in school had for their
attendance, academic performance, and health.
2
The study revealed that 640 of the women needed menstrual hygiene products while at school, but only
292 women attended schools that provided menstrual hygiene products. Lack of access to menstrual
hygiene products resulted in 88 women having missed school, 104 women having been late to school,
and 165 women having left school early for the day. Lack of access was also identified by 122
respondents as having impacted their ability to learn and having resulted in health issues for 53 of
them.
3
Currently, there are no state or federal requirements for menstrual hygiene products in schools,
although some schools may have menstrual hygiene products available for their students.
Health and Wellness of Students in Florida
District school boards are responsible for attending to health, safety, and other matters relating to
the welfare of students.
4
District school board personnel may assist students in the administration of
prescription medication.
5
School personnel designated to assist in the administration of medication
must be trained by authorized licensed health personnel.
6
The Department of Health has the responsibility, in cooperation with the Department of Education, to
supervise the administration of the school health services program and perform periodic program
reviews.
7
County health departments, district school boards, and local school health advisory
committees jointly develop school health services plans, which must include provisions for meeting
emergency needs at each school.
8
The school health services plan describes the health services to be provided by a school.
9
For
1
Krishna Wood White, MD., Nemours Teens Health, All About Periods, available at https://kidshealth.org/en/teens/menstruation.html
(last visited May 9, 2023).
2
Christopher A. Cotropia, Menstruation Management in United States Schools and Implications for Attendance, Academic
Performance, and Health, 6 Women’s Productive Health, 4 (2019), available at
https://www.tandfonline.com/doi/abs/10.1080/23293691.2019.1653575?journalCode=uwrh20 (last visited May 9, 2023).
3
Id.
4
Section 1001.42(8), F.S.
5
Section 1006.062(1), F.S.
6
Section 1006.062(1)(a), F.S.
7
Section 381.0056(3), F.S.
8
Section 381.0056(4)(a), F.S.; See also rule 64F-6.002, F.A.C.
9
Section 381.0056(2)(e), F.S.
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DATE: 5/18/2023
example, the plan must address:
10
Specified physical screenings.
Health counseling.
Meeting emergency health needs in each school.
Consultation with a student's parent or guardian regarding the need for health attention by the
family physician, dentist, or other specialist when definitive diagnosis or treatment is indicated.
Maintenance of records on incidents of health problems, corrective measures taken, and such
other information as may be needed to plan and evaluate health programs.
In attending to student health, the district school board is required to:
11
include health services and health education as part of the health services plan;
provide inservice health training for school personnel;
make available adequate physical facilities for health services; and
at the beginning of each school year:
o provide parents and guardians with information on helping children to be physically
active and eat healthy foods; and
o inform parents or guardians in writing that their children who are students in the district
schools will receive specified health services as provided for in the district health
services plan, with the option for a student to be exempt from any of these
services if his or her parent or guardian requests such exemption in writing.
Additionally, state funds are allocated to local county health departments for school health services.
The local county health departments and school districts collaborate to determine how funding is to be
allocated. Funds can be used for clinic staffing and to purchase supplies. School health clinics in many
districts use some of the allocated funds to maintain a supply of feminine hygiene products in school
clinics. The hygiene products are provided free of charge to female students.
12
Other States Efforts
Several states
13
have passed legislation related to menstrual hygiene products. Some include Hawaii,
Connecticut, Vermont, and Virginia.
Starting in the 2022-2023 school year, the Hawaii Department of Education appropriated $2,000,000 to
provide menstrual products free of charge to all students in all public school and public charter
campuses.
14
For fiscal year 2023, the Connecticut Legislature appropriated $2,000,000 towards
projects funding free menstrual products in the state. The legislation required free menstrual products
in all public schools’ restrooms that serve students in grades 4-12.
15
Beginning in the 2021-2022 school year, the state of Vermont required all public schools to provide
menstrual products free of charge, for all students eight years of age or older, in female designated
restrooms and gender-neutral restrooms. The schools were required to bear the cost of the
products.
16
Similarly, in 2020, Virginia passed legislation requiring public schools to provide menstrual
hygiene supplies, at no cost to students, in each middle and high school bathroom, and in accessible
10
Section 381.0056(4)(a), F.S.
11
Section 381.0056(6), F.S.
12
Florida Department of Education, Legislative Bill Analysis for SB 242 (2021).
13
Other states include, but are not limited to, New York, N.Y. Women’s Health § 6-267 (2018); New Hampshire, N.H. REV. STAT.
ANN. § 189:16-a (2019); Delaware, DEL.CODE ANN. tit. 14 § 4142 (2021); Oregon, OR. REV. STAT. § 327.008 (2021); Illinois,
105 IL COMP. STAT. 5/10 -20.63 and 5/34 – 18.56 (2021); and Nevada, NEV. REV. STAT. § 385A.070.
14
HAW. REV. STAT § 302A and 302D (2022).
15
CONN. GEN. STAT § 18-69e (2022).
16
VT. STAT. ANN. Education 16 § 1432 (2021).
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DATE: 5/18/2023
locations of elementary schools, as deemed appropriate by the local school division. School districts
are fiscally responsible for supplying menstrual supplies to schools.
17
Effect of the Bill
To increase the availability of menstrual hygiene products for students, the bill allows school districts to
make menstrual hygiene products available in each school within the district, at no charge. The
menstrual hygiene products may be located in the school nurse's office, other physical school facilities
for health services, and in school restrooms, including wheelchair accessible restrooms. Each
participating school is required to provide students with appropriate notice as to the availability and
location of the menstrual hygiene products.
The bill encourages participating school districts to partner with nonprofit organizations,
nongovernmental organizations, businesses, and other organizations to assist in supplying and
maintaining the menstrual hygiene products.
The bill specifies that the menstrual hygiene products or the associated dispensing mechanism may not
display any advertisement, logo, or text except for the brand name, product information provided by the
manufacturer, or information necessary to maintain the dispensing mechanism.
The bill defines the term "menstrual hygiene products" to mean tampons and sanitary napkins for use
in connection with the menstrual cycle.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
17
VA. CODE. ANN. § 22.1-6.1 (2020).
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DATE: 5/18/2023
None.