SCR139

A Concurrent Resolution respectfully urging the President of the United States to expand access to menstrual products in schools.

Whereas, Federal law, specifically Title IX of the Education Amendments of 1972 (Title IX), prohibits discrimination on the basis of sex and provides equal access to education in federally funded schools and programs; and

Whereas, Though Title IX does not explicitly reference menstruation, the intent of Title IX is to reduce disparities in educational equity and opportunity on the basis of sex; and

Whereas, Title IX should be expanded through interpretation, regulation, and guidance to provide more comprehensive and robust protections for individuals who menstruate; and

Whereas, Expansions of Title IX should ensure a student has access to adequate toilet facilities, lenient bathroom policies, and menstrual products in every restroom; and

Whereas, Title IX is linked to menstruation because of the enormous impact that access to free and quality menstrual products, and a lack thereof, has on participation and attendance in educational programs; and

Whereas, A lack of access to free menstrual products directly affects a student’s ability to participate in school activities, a student’s ability to attend school, and a student’s overall educational outcomes; and

Whereas, More than half of all high school aged students who menstruate are late to school, have to leave school early, or miss the school day altogether due to a lack of necessary menstrual products; and

Whereas, A low-income student may be forced to resort to alternatives to menstrual products such as toilet paper, paper towels, diapers, socks, or rags, which can have serious negative health implications for the student; and

Whereas, Without access to menstrual products, many low-income individuals who are menstruating extend the length of time they use a single tampon or sanitary napkin, thereby risking infection and, potentially, toxic shock syndrome; and

Whereas, Expanding the reach of Title IX to provide free menstrual products in all restrooms may reduce educational disparities on the basis of sex and reduce menstrual-based harassment in schools; and

Whereas, Given that providing access to free menstrual products under Title IX is fundamental to equality, it is altogether fitting and proper for the Legislature of the State of New Jersey to urge the President of the United States to expand access to menstrual products in schools throughout the nation; now, therefore,

Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

1. The Legislature of the State of New Jersey respectfully urges the President of the United States to expand access to menstrual products in schools throughout the nation.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the President of the United States, Majority and Minority Leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and every member of Congress elected from this State.

STATEMENT

This resolution respectfully urges the President of the United States to expand access to menstrual products in schools throughout the nation.

Title IX of the Education Amendments of 1972 (Title IX), prohibits discrimination on the basis of sex and provides equal access to education in federally funded schools and programs. Though Title IX does not explicitly reference menstruation, the intent of Title IX is to reduce disparities in educational equity and opportunity on the basis of sex. Title IX can be expanded through interpretation, regulation, and guidance to provide more protections for individuals who menstruate.

Period poverty, or the lack of access to menstrual products, hygiene facilities, waste management, and education, affects many school-aged students. More than half of all high school aged students who menstruate are late to school, have to leave school early, or miss school due to a lack of menstrual products. A low-income student may be forced to resort to alternatives to menstrual products such as toilet paper or forced to extend the length of time the student uses a single menstrual product, which may have negative health consequences including infection and toxic shock syndrome.

Expanding Title IX to include free menstrual products in all restrooms may reduce educational disparities on the basis of sex and reduce menstrual-based harassment in schools. . Given that providing access to free menstrual products under Title IX is fundamental to equality, it is altogether fitting and proper for the Legislature of the State of New Jersey to urge the President to expand access to menstrual products in schools throughout the nation as an imperative under Title IX of the Education Amendments of 1972.