House Bill 1219

AN ACT TO CREATE THE "MCELROY-BROWN HYGIENE AND MENSTRUAL CARE ACCESS ACT" FOR THE PURPOSE OF ENSURING ALL STUDENTS IN PUBLIC MIDDLE AND HIGH SCHOOLS ACROSS MISSISSIPPI HAVE ACCESS TO FREE AND ADEQUATE MENSTRUAL PRODUCT; TO AMEND SECTION 37-11-83, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DEFINITION OF CERTAIN TERMINOLOGY; TO PROVIDE THAT THE PROGRAM'S IMPLEMENTATION SHALL BE SUBJECT TO APPROPRIATION OF FUNDING FOR ITS INTENDED PURPOSES; TO STIPULATE CERTAIN REQUIREMENTS RELATED TO ACCESS TO FEMININE HYGIENE AND MENSTRUAL PRODUCTS, AS WELL AS EDUCATIONAL COMPONENTS OF THE PROGRAM TO ENSURE PRIVACY; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO ESTABLISH A COMMITTEE TO OVERSEE THE DISTRIBUTION OF FUNDS, MONITOR THE EFFECTIVENESS OF THE PROGRAM AND ENSURE EQUITABLE ACCESS TO MENSTRUAL CARE ACROSS DISTRICTS AND SUBMIT A LEGISLATIVE REPORT OF ITS FINDINGS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be knows as the "McElroy-Brown Hygiene and Menstrual Care Access Act."

SECTION 2. The purpose of this act is to ensure that all students in public middle and high schools across Mississippi have access to free and adequate menstrual products, promoting health, dignity, and equity. This initiative aims to eliminate period poverty, reduce absenteeism, and create a supportive school environment for all students.

SECTION 3. Section 37-11-83, Mississippi Code of 1972, is amended as follows:

37-11-83. (1) As used in this section the following terms shall have the meaning ascribed herein:

(a) "Feminine hygiene products" means pads, tampons * * *~~and~~, menstrual cups, panty liners, sanitary napkins * * *~~for use~~ as well as any other products commonly used in connection with the menstrual cycle and menstrual care.

(b) "School building" means any facility:

(i) That is owned or leased by the school district or charter school or over which the local school board or charter school governing board has care, custody and control; and

(ii) In which there is a public school serving students in Grade 6 through Grade 12.

(c) "Hygiene and menstrual care access program" refers to any school program designed to distribute feminine hygiene and menstrual products to students at no cost.

(2) School districts are authorized to make feminine hygiene products available, at no cost to students, in the bathrooms or offices of the school nurse in school buildings.

SECTION 4. (1) Subject to appropriation for such purposes:

(a) The implementation of hygiene and menstrual care access programs in all public schools in Mississippi for students in Grade 6-8 shall become effective immediately upon passage of this act, to provide free menstrual products to all female students;

(b) Feminine hygiene and menstrual products shall be made available in easily accessible locations within each school, including, but not limited to:

(i) Restrooms;

(ii) Nurse's offices;

(iii) Health centers; and

(iv) Designated areas where students can request products confidentially;

(c) Each school shall offer a variety of feminine hygiene and menstrual products necessary to meet the diverse needs of students; and

(d) The distribution process shall be designed to ensure confidentiality and ease of access, particularly for students who may feel uncomfortable asking for feminine hygiene and menstrual products.

(2) (a) The State Department of Education shall allocate funds to support the implementation and operation of the McElroy-Brown Hygiene and Menstrual Care Access Program in public middle and high schools, subject to the availability of funds, as follows:

(i) For the initial fiscal year following the passage of this act, an appropriation of Two million Dollars ($2,000,000.00) shall be made to support the purchase and distribution of menstrual products;

(ii) For each subsequent fiscal year, funding will be allocated based on student enrollment figures, with an estimated annual allocation of Two million Five Hundred Thousand Dollars ($2,500,000.00); and

(iii) Schools may request additional funding based on demonstrated need, especially in areas with higher rates of student enrollment or higher demand for products.

(b) Schools are encouraged to seek additional funding through partnerships with local nonprofits, businesses and foundations, including organizations focused on menstrual equity, to supplement state funding.

(c) The department shall establish a committee to oversee the distribution of funds, monitor the effectiveness of the program, and ensure equitable access to menstrual care across districts. This committee shall submit an annual report to the Legislature detailing the allocation of funds, the number of students served, and any recommendations for program improvement.

(3) (a) For the first year of the program, the State Department of Education may designate a group of pilot schools, not to exceed twenty-five (25) in total to participate in the program to evaluate effectiveness and determine logistical needs before statewide implementation.

(b) By the beginning of the 2026-2027 school year, all public middle and high schools in Mississippi shall be fully compliant with the requirements of the McElroy-Brown Hygiene and Menstrual Care Access Program.

SECTION 5. (1) The State Department of Education shall provide training for school personnel, including administrators, teachers, and staff, on the importance of hygiene and menstrual care access and the proper distribution of feminine hygiene and menstrual products.

(2) Each high school shall implement an educational component that informs students about menstrual health, hygiene, and the availability of feminine hygiene and menstrual care products. This educational component may be incorporated into health classes, advisory periods or provided through student councils and health organizations.

SECTION 6. (1) By October 31 of each year, all school districts shall submit a report to the State Department of Education that includes:

(a) The number of students who utilized the hygiene and menstrual care access program;

(b) The amount of menstrual products distributed;

(d) Suggestions for improving the accessibility and efficiency of the program.
(2) The department shall conduct an annual evaluation of the hygiene and menstrual care access program and submit a report to the Legislature by January 15 each year, with findings and recommendations for program expansion or improvement.

SECTION 7. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act that can be given effect without the invalid provision, and to this end the provisions of this act are severable.

SECTION 8. This act shall take effect and be in force from and after July 1, 2025.