Bill Text: HI HB2249 | 2022 | Regular Session | Amended
Bill Title: Relating To Menstrual Equality.
Spectrum: Partisan Bill (Democrat 28-1)
Status: (Introduced - Dead) 2022-02-16 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Tokioka excused (1). [HB2249 Detail]
Download: Hawaii-2022-HB2249-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2249 |
|
THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO MENSTRUAL EQUALITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii has the highest cost of living in the nation, and since 2010, around forty-two per cent of Hawaii's households have been struggling to get by due to stagnant wages and a rising cost of living. The economic impact of the coronavirus disease 2019 (COVID-19) pandemic further exacerbated the existing financial inequity, and the 2020 Asset Limited, Income Constrained, Employed Report by Aloha United Way now estimates that those struggling to meet basic needs has risen to nearly sixty per cent with an increase in households living in poverty from nine per cent to nineteen per cent. Additionally, according to the United States Labor Department, the consumer price index is rising sharply, signaling rising costs facing Hawaii households and increasing financial distress.
The legislature further finds that individuals experiencing basic needs insecurity, such as food and housing, are more likely to be disproportionately affected by "period poverty". This state of menstrual inequity is the inability to access menstrual products and is the result of circumstances including, but not limited to, income constraints, inadequate menstrual health and hygiene education, cultural or societal shame or stigma surrounding menstruation, and a lack of running water or sanitary locations to maintain personal hygiene. Period poverty disproportionately affects menstruating students, members of low-income households, persons experiencing homelessness, individuals who identify as nonbinary or transgender, and the presently or formerly justice-involved. The disproportion is a direct result of socioeconomic, gender, and racial injustices and is a clear violation of human rights. Nearly half of the world menstruates and yet period poverty is becoming a public health, basic equity, education equity, and gender equality issue. Individuals with inadequate access are unable to attend work or school, face discrimination and harassment, and subject themselves to unhygienic practices when they lack the supplies and facilities to manage their menstrual health. Nationally, one in five low-income women report missing work, school, and outings because of a lack of menstrual products according to a study conducted the Alliance for Period Supplies and U by Kotex. Half of respondents to a statewide survey on menstruation in Hawaii reported missing school or work because of their menstruation. Thus, menstrual equity and addressing period poverty is essential for full and equitable participation in our society.
The legislature also finds that period poverty is intertwined with other societal issues, and the 2021 survey on menstruation in Hawaii with the Hawaii state commission on the status of women and the nonprofit organization Ma‘i Movement Hawaii revealed that the exceptionally high cost of living, generally, and low wages for women, specifically, exacerbated the state of period poverty in Hawaii, with 23.8 per cent of respondents reporting they have made sacrifices or gone with less in order to afford menstrual products. Nearly one in three report that they or someone in their household experienced difficulty obtaining menstrual products, with cost being the most cited reason.
The legislature further finds that the economic impact of the pandemic has furthered burdened households with two out of five adults now worried about their ongoing ability to afford menstrual products according to a report released by Always Procter & Gamble. Due to the sales and tax on menstrual products, households with people who menstruate will have to spend more money for basic necessities compared to those who do not menstruate, leaving less money for other needs. Given that the cost of purchasing menstrual products is high, these costs can be unaffordable for households experiencing poverty, which is on the rise in Hawaii.
The legislature recognizes the all-encompassing societal challenges inherent in tackling the broader issue of period poverty for the local community. It is particularly concerning that statewide statistics from the department of education show that forty-seven per cent of students in the department of education system were deemed "economically disadvantaged" in 2019. As a result, the legislature aims to attend most immediately to the needs of Hawaii students attending all public and charter schools from elementary through high school.
Additionally, the legislature finds that the inability to adequately manage menstruation, and specifically the lack of access to menstrual products in schools, limits full participation in school, contributes to higher rates of school absenteeism and missed activities, and perpetuates gender and class inequities. A 2019 nationwide study conducted by the University of Richmond found that students who were unable to afford menstrual products were 5.89 times more likely to miss school, 5.82 times more likely to be late for school, and 4.14 times more likely to leave school early compared to those students who could afford menstrual products. The study conducted by Always Procter & Gamble echoes these results with nearly one in five girls in the United States reporting they have either left school early or missed school entirely because they did not have access to period products. The 2021 survey on menstruation in Hawaii also finds that forty-two per cent of respondents in Hawaii missed class or left school because they did not have access to period products, and nearly twenty-two per cent missed school entirely. Of those who missed school entirely, nearly twelve per cent missed three to five school days and six per cent missed six to ten school days in an academic year.
Chronic absenteeism is one of the most powerful predictors of student success or failure; thus, it is a priority for Hawaii public schools to minimize or eliminate chronic absenteeism. Students miss school for many reasons, but absenteeism due to inadequate menstruation management is something that can be avoided. The statewide pilot program conducted by Ma‘i Movement Hawaii in the 2021-2022 school year in six schools on Oahu, Maui, Kauai, and Hawaii island is finding a high need for access to menstrual products in schools and a correlation between access to products, and absenteeism and education loss. Students and faculty in the pilot program both report experiencing or witnessing students missing part of or the entire school day. Eight out of ten students have difficulties accessing menstrual products. Faculty report that embarrassment, cost, and education are the major barriers for students.
A 2016 New York City pilot program found that access to free menstrual products in public schools increased attendance by 2.4 per cent, leading to legislation providing free access to menstrual products for New York City's students and similarly across the nation. New York City's pilot program found that period poverty or menstrual inequity has a direct and negative impact on student absenteeism and educational performance; and providing free access to menstrual products can improve students' educational equity and academic achievement. More than ten states, including Arkansas, California, Colorado, Delaware, Georgia, Illinois, Nevada, New Hampshire, New York, Oregon, Rhode Island, and Washington, have laws or policies advancing menstrual equity in their public school and higher education systems. The Menstrual Equity Act for All, introduced this year in the United States Congress also seeks to address period poverty in schools and menstrual inequity in other spaces from a whole government approach.
In addition, countries around the world, such as New Zealand, Scotland, and Kenya, have also adopted laws providing free menstrual products to students. Significantly, the United Nations has declared menstrual hygiene a public-health, gender equality, and human rights issue, and the State of Hawaii supports the United Nations 17 Sustainable Development Goals. While there is no specific goal or indicator directly related to period poverty, the issue is directly linked to health and well-being, quality education, and gender equality. By addressing period poverty in schools, the legislature aims to fulfill these commitments to the United Nations 17 Sustainable Development Goals.
The legislature further finds that the department of education and state public charter school commission maintain a healthy and sanitary school environment, which is further supported by the board of education policy number E-103 that states that "schools play an integral part in promoting quality of life through sound health and wellness practices, which are connected to achievement and learning". Basic hygiene products, such as toilet paper, hand soap, and bandaids, are required to be free of charge and easily accessible to all students. Since the COVID-19 pandemic, the department of education has paid greater attention to hygiene products, such as free hand sanitizers, which were made available in all classrooms and throughout campuses. However, the department of education does not provide students with free menstrual products despite those products being a clear public health and hygiene necessity that is connected to achievement and learning. It has been well-studied and proven that the lack of adequate menstrual products has a direct and negative impact on student health, resulting in extended use of products beyond the recommended time or use of alternatives. The statewide pilot program revealed that students used unhealthy alternatives like newspapers, old rags, diapers, folder paper, and leaves when they did not have access to menstrual products. This can lead to potential medical issues including preventable infections that make students susceptible to cervical cancer, infertility, reproductive infections, and toxic shock syndrome, which are serious and can result in death.
The statewide pilot program conducted by Ma‘i Movement Hawaii, menstrual product usage per estimated menstruating students is being tracked, with various implementation and product distribution models being tested. For example, students and faculty are being surveyed on the impact of free menstrual products made widely available and accessible in numerous locations, such as classrooms, counselors' offices, health rooms, main offices, athletic departments, bathrooms, and even individual stalls. There has been no reported product overuse, waste or damage to bathroom facilities, and few incidents of vandalism. Evidence from this ongoing pilot program will provide the department of education and state public charter school commission with a valuable framework to address period poverty and provide menstrual equity for Hawaii's students.
Furthermore, the necessity of menstrual products was made clear by the board of education, through policy number 1110-10, which states that "gender equity extends the doctrine of fairness to all areas of activity in the public school system." The lack of access to menstrual products is a clear form of gender-based exclusion. Menstrual products are vital for the physical and mental health, well-being and full participation of menstruating students, including but not limited to girls, transgender, nonbinary, and gender non-conforming individuals. Additionally, Title IX is a federal law that ensures that no educational opportunity is denied to women on the basis of sex and that women are granted equal opportunity to participate in and contribute to society. Because menstruation is a biological process linked to female sex, educational deprivations connected with inadequate access to menstrual products is a violation of Title IX's intent. The national and state data clearly establishes that students who menstruate and cannot afford menstrual products, or are unable to do so for other reasons, face a significant barrier to their education that biologically male students do not experience.
The legislature finds that when Hawaii students who menstruate and their families are forced to pay monthly costs for the necessity of menstrual products, an undue and unfair burden is placed on those families to maintain a healthy and sanitary school environment for everyone, including students who do not menstruate; leads to further economic disadvantages for many of these families; and contributes to absenteeism and educational disadvantages for many of these students. The funding that is allocated by the legislature and expended by department of education and state public charter school commission should be equitably allocated among students who menstruate and those who do not.
The purpose of this Act is to:
(1) Require the department of education and state public charter school commission to uphold educational and gender equity by providing all necessary sanitary and hygiene products to all students, free of charge on all public and charter school campuses;
(2) Require the department of education and state public charter school commission to provide hygiene products that support public health, such as toilet paper, menstrual products, and hand soap free of charge to all students on all public and charter school campuses; and
(3) Provide funding to the department of education and state public charter school commission to carry out the purpose of this Act.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§302A- Menstrual products; availability. The
department shall provide hygiene products that support public health, such as
toilet paper, menstrual products, and hand soap for free to all students on all
public school campuses.
For the purposes of this section, "menstrual
products" includes disposable menstrual pads and tampons."
SECTION 3. Chapter 302D, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
"§302D- Menstrual products; availability. The
commission shall provide hygiene products that support public health, such as toilet
paper, menstrual products, and hand soap for free to all students on all public
charter school campuses.
For the purposes of this section, "menstrual
products" includes disposable menstrual pads and tampons."
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for the department of education to provide hygiene products that support public health, such as toilet paper, menstrual products, and hand soap free of charge to all students on all public school campuses.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for the state public charter school commission to provide hygiene products that support public health, such as toilet paper, menstrual products, and hand soap free of charge to all students on all public charter school campuses.
The sum appropriated shall be expended by the state public charter school commission for the purposes of this Act.
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050.
Report Title:
Menstrual Equity; Menstrual Products; Department of Education; Public Schools; State Public Charter School Commission; Charter Schools; Appropriation
Description:
Requires DOE to provide hygiene products that support public health, such as toilet paper, menstrual products, and hand soap free of charge to all students on all public school campuses. Requires the state public charter school commission to provide hygiene products that support public health, such as toilet paper, menstrual products, and hand soap free of charge to all students on all public charter school campuses. Makes appropriations. Effective 7/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
