Regular Session 2023-2024 House Bill 0851 P.N. 3070

PRIOR PRINTER'S NO. 827

PRINTER'S NO. 3070

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, INNAMORATO, GREEN, KRAJEWSKI, KINKEAD,

CURRY, GILLEN, O'MARA, FLEMING, WARREN, OTTEN AND PIELLI,

APRIL 10, 2023

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, MAY 7, 2024

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

menstrual hygiene products.

(2) E nsure that menstrual hygiene products are accessible to

a student regardless of the student's gender identity STUDENTS .

grant under the program if the public school entity has fifty

TWENTY-FIVE percent or more students enrolled who are eligible

for IN 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:

(D) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF

HEALTH, SHALL DEVELOP A GRANT APPLICATION FORM FOR ELIGIBLE

PUBLIC SCHOOL ENTITIES THAT SEEK A GRANT UNDER THE PROGRAM. AT A

MINIMUM, THE FORM 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.

20230HB0851PN3070 - 2 -

<--

(2) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF

HEALTH, MAY ISSUE GUIDANCE 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. GRANTS SHALL BE AWARDED IN

AN AMOUNT THAT IS PROPORTIONATE TO THE NUMBER OF STUDENTS AND

RESTROOMS AS PROVIDED IN THE ELIGIBLE PUBLIC SCHOOL ENTITY'S

APPLICATION .

(g) The following shall apply:

(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 REPORT TO THE

DEPARTMENT 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.

(2) WITHIN ONE YEAR OF RECEIVING THE INFORMATION RECEIVED

UNDER PARAGRAPH (1) FROM ELIGIBLE PUBLIC SCHOOL ENTITIES THAT

RECEIVED A GRANT, THE DEPARTMENT SHALL SUBMIT A SUMMARIZED

REPORT TO THE EDUCATION COMMITTEE OF THE SENATE, THE EDUCATION

COMMITTEE OF THE HOUSE OF REPRESENTATIVES, THE HEALTH AND HUMAN

SERVICES COMMITTEE OF THE SENATE AND THE HEALTH COMMITTEE OF THE

20230HB0851PN3070 - 3 -

<--

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.

"MENSTRUAL HYGIENE PRODUCTS" MEANS TAMPONS, SANITARY NAPKINS

OR PADS, PANTYLINERS AND SIMILAR MENSTRUAL HYGIENE PRODUCTS.

"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 $3,000,000 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.

20230HB0851PN3070 - 4 -

<--