2023 Colorado Revised Statutes › Title 22 - EDUCATION (§§ 22-1-101 — 22-108-109) › GENERAL AND ADMINISTRATIVE (§§ 22-1-101 — 22-16-112) › Article 1 - GENERAL PROVISIONS (§§ 22-1-101 — 22-1-147) › Section 22-1-147 - [Effective 8/7/2024] Menstrual products accessibility - rules - legislative declaration -definitions - repeal

(1)
(a)
The general assembly finds that:
(I)
Menstrual products are a basic health need;
(II)
The lack of access to menstrual products disproportionately affects students from low-income households. According to recent research, one in four students who menstruate in the United States cannot afford menstrual products.
(III)
A student's inability to access menstrual products may lead to health issues, increase absences from school, and negatively impact a student's ability to fully participate in the student's education; and
(IV)
Providing free menstrual products to students in schools increases access to educational opportunities and supports student well-being and success.
(b)
Therefore, the general assembly declares it necessary to ensure that all students who menstruate have access to menstrual products in order to promote the health, dignity, and education equality of all students.
(2)
(a)
(I)
On or before June 30, 2025, a local education provider shall provide menstrual products at no expense to students in at least twenty-five percent of applicable student bathrooms in all applicable school buildings.
(II)
On or before June 30, 2026, a local education provider shall provide menstrual products at no expense to students in at least fifty percent of applicable student bathrooms in all applicable school buildings.
(III)
On or before June 30, 2027, a local education provider shall provide menstrual products at no expense to students in at least seventy-five percent of applicable student bathrooms in all applicable school buildings.
(IV)
On or before June 30, 2028, a local education provider; the Colorado school for the deaf and the blind, created and existing pursuant to section 22-80-102 (1)(a); and an approved facility school, as defined in section 22-2-402, shall provide menstrual products at no expense to students in all applicable student bathrooms in all applicable school buildings.
(b)
Notwithstanding subsection (2)(a) of this section to the contrary, a local education provider that is a small rural school district, including a charter school of the small rural school district, or an institute charter school located within the geographic boundaries of a small rural school district is not required to comply with subsection (2)(a)(I), (2)(a)(II), or (2)(a)(III) of this section.
(3)
Notwithstanding subsection (2)(a) of this section, if an applicable school building does not have a gender-neutral bathroom, the local education provider, the Colorado school for the deaf and the blind, or the approved facility school shall provide menstrual products in female-designated bathrooms and in a health office located in the applicable school building that is accessible to students who menstruate; except that, if there is not a health office, the local education provider, the Colorado school for the deaf and the blind, or the approved facility school shall provide the menstrual products in an administrative office located in the applicable school building accessible to students who menstruate.
(4)
Notwithstanding any provision of this section to the contrary, if an applicable school building is used by the local education provider, the Colorado school for the deaf and the blind, or the approved facility school to provide educational services only to students who are enrolled in kindergarten through grade six, the local education provider shall provide menstrual products but may provide menstrual products in a health office located in the applicable school building that is accessible to students who menstruate; except that, if there is not a health office, the local education provider shall provide the menstrual products in an administrative office located in the applicable school building accessible to students who menstruate.
(5)
Notwithstanding subsection (2)(a) of this section, if a local education provider, the Colorado school for the deaf and the blind, or an approved facility school is experiencing vandalism or destruction of property as a result of complying with the requirements of this section, the local education provider, the Colorado school for the deaf and the blind, or the approved facility school may remove the menstrual products from the applicable student bathroom. If a local education provider, the Colorado school for the deaf and the blind, or an approved facility school removes menstrual products from an applicable student bathroom pursuant to this subsection (4), the local education provider, the Colorado school for the deaf and the blind, or the approved facility school shall post information in the applicable student bathroom regarding where menstrual products are available in the applicable school building.
(6)
(a)
A local education provider that is required to comply with subsections (2)(a)(I), (2)(a)(II), and (2)(a)(III) of this section shall post information in applicable school bathrooms where there are not yet menstrual products regarding where menstrual products are available in the applicable school building.
(b)
This subsection (6) is repealed, effective July 1, 2030.
(7)
As used in this section, unless the context otherwise requires:
(a)
"Applicable school building" means a building that is used by a local education provider to provide educational services to students who are enrolled in any of grades six through twelve.
(b)
"Applicable student bathroom" means a female-designated bathroom or a gender-neutral bathroom in an applicable school building that is accessible to students who are enrolled in any of grades six through twelve who menstruate.
(c)
"Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools.
(d)
"Menstrual products" means, at a minimum, tampons and menstrual pads.
(e)
"Small rural school district" means a school district that the department of education determines is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and that enrolls fewer than one thousand two hundred students in kindergarten through twelfth grade.
Added by 2024 Ch. 438,§ 1, eff. 8/7/2024.
2024 Ch. 438, was passed without a safety clause. See Colo. Const. art. V, § 1(3).