Amd §267, Pub Health L (as proposed in S.5913-A & A.113-A)
Allows certain non-public schools to be exempt from being required to provide menstrual products in the restrooms of school buildings, upon a demonstration to the commissioner of education that the school does not serve students who need such products, and that such products are otherwise available to students who might need them.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8516
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the public health law, in relation to allowing certain
non-public schools to be exempt from being required to provide menstrual
products in the restrooms of school buildings
PURPOSE:
To ensure that menstrual products are provided to students in nonpublic
schools free of charge, in the same manner as they are currently avail-
able in public schools.
SUMMARY OF PROVISIONS:
This bill amends Chapter 662 of the Laws of 2023 by creating an
exemption from the requirement to provide menstrual products in the
restrooms of school buildings for certain non-public schools which
demonstrate to the commissioner of education that they do not serve
students who require the menstrual products. To qualify for the
exemption, the non-public school would be required to provide menstrual
products in different locations of the school that respect the privacy
of the student.
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. This law was
strengthened in 2023, with a requirement that non-public elementary and
secondary public schools serving grades six through twelve must also
provide menstrual products in the restrooms of their school building
free of charge. These amendments provide an exemption for certain non-
public schools upon a demonstration sufficient to the commissioner of
education that the school does not serve students who require such
products, provided the school still supplies menstrual products in a
manner that ensures the privacy of any student seeking them. These
changes strike a thoughtful balance, acknowledging that an additional
cost need not be incurred by certain nonpublic schools while ensuring
that students who menstruate can always obtain the products they need
without facing a financial barrier. It is critical that menstruation, a
natural biological function, does not serve as a barrier to opportunity
for any students of menstruating age in New York State.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2023 amending the public health law relating to
providing menstrual products in non-public schools, as proposed in
legislative bills numbers S. 5913-A and A. 113-A, takes effect. Effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.
STATE OF NEW YORK
________________________________________________________________________
8516
IN ASSEMBLY
January 4, 2024
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to allowing certain
non-public schools to be exempt from being required to provide
menstrual products in the restrooms of school buildings
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 amended by a chap-
2 ter of the laws of 2023 amending the public health law relating to
3 providing menstrual products in non-public schools, as proposed in
4 legislative bills numbers S. 5913-A and A. 113-A, is amended to read as
5 follows:
6 § 267. Menstrual products in schools. 1. All elementary and secondary
7 public schools and non-public schools in the state serving students in
8 any grade from grade six through grade twelve shall provide menstrual
9 products in the restrooms of such school building or buildings. Such
10 products shall be provided at no charge to students.
11 2. A non-public school may be granted an exemption from the require-
12 ments of subdivision one of this section upon a demonstration sufficient
13 to the commissioner of education that the school does not serve students
14 who need such products and that menstrual products are available in a
15 manner that ensures the privacy of any student seeking them within the
16 school building or buildings, including but not limited to within any
17 gender-neutral restroom. Such exemption may be revoked should the
18 circumstances change on which the exemption is granted.
19 § 2. This act shall take effect on the same date and in the same
20 manner as a chapter of the laws of 2023 amending the public health law
21 relating to providing menstrual products in non-public schools, as
22 proposed in legislative bills numbers S. 5913-A and A. 113-A, takes
23 effect. Effective immediately, the addition, amendment and/or repeal of
24 any rule or regulation necessary for the implementation of this act on
25 its effective date are authorized to be made and completed on or before
26 such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01363-05-4
