NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A113A
SPONSOR: Rosenthal L
 
TITLE OF BILL:
An act to amend the public health law, in relation to providing menstru-
al products in non-public schools
 
PURPOSE:
This bill requires menstrual products to be offered for free in charter
schools.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one adds a new section 267 to the public health law.
Section two establishes the effective date.
 
JUSTIFICATION:
The 2018-19 New York State budget included a provision requiring that
all public schools provide menstrual products free of charge in public
schools, for students in grades 6-12. This was a groundbreaking step,
showing New York State recognizes that menstruation should never bar a
student from academic or extracurricular opportunities. Unfortunately,
this budget provision did not extend to charter schools. Every of-age
student in New York State must have free access to menstrual products.
This legislation adds charter schools to the requirement that elementary
and secondary public schools serving grades six through twelve shall
provide menstrual products in the restrooms of their school building
free of charge. It is critical that menstruation, a natural biological
function, does not serve as a bather to opportunity for any students of
menstruating age in New York State.
 
LEGISLATIVE HISTORY:
2021-22: A.5158 -Referred to Ways and Means; S3472 -Passed Senate
2017-18: A.10601 - Reported to Ways and Means
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This act shall take effect July 1, 2019.
STATE OF NEW YORK
________________________________________________________________________
113--A
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL, BICHOTTE HERMELYN, RAGA -- read
once and referred to the Committee on Health -- reported and referred
to the Committee on Ways and Means -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public health law, in relation to providing menstru-
al products in non-public schools
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 267 of the public health law, as added by section 1
2 of part Q of chapter 56 of the laws of 2018, is amended to read as
3 follows:
4 § 267. [Feminine hygiene] Menstrual products in schools. All elementa-
5 ry and secondary public schools and non-public schools in the state
6 serving students in any grade from grade six through grade twelve shall
7 provide [feminine hygiene] menstrual products in the restrooms of such
8 school building or buildings. Such products shall be provided at no
9 charge to students.
10 § 2. This act shall take effect on the first of July next succeeding
11 the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01363-03-3