HB 851 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in school health services, providing for Menstrual Hygiene Products Accessibility Grant Program; and making an appropriation.

PRIOR PRINTER'S NO.

827 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

3070 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

WILLIAMS, HANBIDGEHANBIDGE, INNAMORATO, GREEN, KRAJEWSKI, KINKEAD, CURRY, GILLEN, O'MARA, FLEMING, WARREN, OTTEN AND INNAMORATO,PIELLI, APRIL 10, 2023 REFERREDAS TOREPORTED FROM COMMITTEE ON EDUCATION, APRILHOUSE 10,OF 2023REPRESENTATIVES, 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;

(2) Ensure that menstrual hygiene products are accessible to a student regardless of the student's gender identity.identity STUDENTS.

<-- (c) A public school entity shall be eligible to receive a 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.

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.

(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:

(2) The number of restrooms, including gender-neutral <-- restrooms, on the property of the eligible public school entity.

(1) The department shall implement and administer the programprogram. 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.

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.

(f)20230HB0851PN3070 After- review2 of- the(2) informationTHE providedDEPARTMENT, inIN eachCONSULTATION eligibleWITH publicTHE schoolDEPARTMENT entity'sOF submitted<-- applicationHEALTH, form,MAY theISSUE departmentGUIDANCE shallNECESSARY determineTO whetherIMPLEMENT toTHE awardPROGRAM. money from the program to the eligible public school entity and, if so, the amount of the program money awarded.

(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.

20230HB0851PN0827 - 2 - (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.

"MENSTRUAL HYGIENE PRODUCTS" MEANS TAMPONS, SANITARY NAPKINS <-- OR PADS, PANTYLINERS AND SIMILAR MENSTRUAL HYGIENE PRODUCTS.

"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.

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.

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