PRINTER'S NO. 827
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
851
Session of
2023
INTRODUCED BY PARKER, HILL-EVANS, MADDEN, HOHENSTEIN, DALEY,
BOROWSKI, MAYES, BULLOCK, PROBST, ISAACSON, CEPEDA-FREYTIZ,
SHUSTERMAN, STEELE, T. DAVIS, KINSEY, GUENST, CONKLIN,
CIRESI, SANCHEZ, MALAGARI, SCHLOSSBERG, BURGOS, KHAN,
D. WILLIAMS, HANBIDGE AND INNAMORATO, APRIL 10, 2023
REFERRED TO COMMITTEE ON EDUCATION, APRIL 10, 2023
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in school health services, providing
for Menstrual Hygiene Products Accessibility Grant Program;
and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1426. Menstrual Hygiene Products Accessibility Grant
Program.--(a) The Menstrual Hygiene Products Accessibility
Grant Program is established.
(b) A grant recipient shall:
(1) Use the grant award to acquire and distribute menstrual
hygiene products at no expense to students, including installing
and maintaining a dispensing machine or disposal receptacle for
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menstrual hygiene products.
(2) E nsure that menstrual hygiene products are accessible to
a student regardless of the student's gender identity.
(c) A public school entity shall be eligible to receive a
grant under the program if the public school entity has fifty
percent or more students enrolled who are eligible for free or
reduced-cost lunch under 42 U.S.C. Ch. 13 (relating to school
lunch programs).
(d) The department shall develop annual grant application
forms for eligible public school entities that seek a grant
under the program. At a minimum, the forms shall contain the
following information:
(1) The number of students enrolled at the eligible public
school entity .
(2) The number of restrooms, including gender-neutral
restrooms, on the property of the eligible public school entity.
(e) The following shall apply:
(1) The department shall implement and administer the
program and award grants to eligible public school entities that
apply in an amount that is proportionate to the number of
students and restrooms as provided in the eligible public school
entity's application.
(2) The department may promulgate rules and regulations
necessary to implement the program.
(f) After review of the information provided in each
eligible public school entity's submitted application form, the
department shall determine whether to award money from the
program to the eligible public school entity and, if so, the
amount of the program money awarded.
(g) The following shall apply:
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(1) Within one year of being awarded a grant, each eligible
public school entity that received a grant shall submit a report
to the department. The report shall 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 installation and maintenance of a dispensing
machine or disposal receptacle for menstrual hygiene products.
(2) Within one year of receiving reports from eligible
public school entities that received a grant, the department
shall submit a summarized report of the information received
under paragraph (1) to the Education Committee of the Senate and
the Education Committee of the House of Representatives.
(h) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Department" means the Department of Education of the
Commonwealth.
"Program" means the Menstrual Hygiene Products Accessibility
Grant Program established under subsection (a).
"Menstrual hygiene products" means tampons, sanitary napkins
or pads, pantyliners and similar menstrual hygiene products.
"Public school entity" means any public school, including a
school district, charter school, regional charter school,
intermediate unit or area career and technical school operating
within this Commonwealth.
Section 2. The sum of $100,000 is appropriated from the
General Fund to the Department of Education for the Menstrual
Hygiene Products Accessibility Grant Program.
Section 3. This act shall take effect in 60 days.
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