State Administration of Education

ORS 326.545
Provision of menstrual products in student bathrooms

  • rules

(1)

As used in this section:

(a)

“Public education provider” means:

(A)

A school district;

(B)

A public charter school;

(C)

An education service district;

(D)

A community college; or

(E)

A public university listed in ORS 352.002 (Public universities).

(b)

“Public school building” means a building used by a public education provider to provide educational services to students.

(c)

“Student bathroom” means a bathroom that is accessible by students, including a gender-neutral bathroom, a bathroom designated for females and a bathroom designated for males.

(2)

Each public education provider shall ensure that both tampons and sanitary pads are available at no cost to students through dispensers located in every student bathroom of every public school building.

(3)

A public education provider, and any employee of a public education provider, is not liable in a criminal action or for civil damages as a result of a student’s use of a tampon or sanitary pad made available under this section.

(4)

The State Board of Education and the Higher Education Coordinating Commission shall adopt any rules necessary for the administration of this section. Rules adopted by the board and commission shall provide for:

(a)

The number of dispensers required in each student bathroom;

(b)

The types of products available in each student bathroom; and

(c)

Payments to public education providers for costs incurred under this section, including:

(A)

For school districts, public charter schools and education service districts and subject to subparagraph (B) of this paragraph, distributions from amounts available under ORS 327.008 (State School Fund) (18) to be made based on the average daily membership, as defined in ORS 327.006 (Definitions for State School Fund distributions), of the district or school;

(B)

For education service districts, distributions to be made as provided by subparagraph (A) of this paragraph may not exceed 7.5 percent of the amounts available for distribution under ORS 327.008 (State School Fund) (18);

(C)

For community colleges, distributions from the Community College Support Fund to be made based on the full-time equivalent student enrollment of the community college; and

(D)

For public universities, distributions from a public university support fund established by the commission by rule. [2021 c.635 §1; 2021 c.635 §2]
Note: The amendments to 326.545 (Provision of menstrual products in student bathrooms) by section 2, chapter 635, Oregon Laws 2021, become operative July 1, 2022. See section 3, chapter 635, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience.
326.545 (Provision of menstrual products in student bathrooms). (1) As used in this section:

(a)

“Public education provider” means:

(A)

A school district;

(B)

A public charter school;

(C)

An education service district;

(D)

A community college; or

(E)

A public university listed in ORS 352.002 (Public universities).

(b)

“Public school building” means a building used by a public education provider to provide educational services to students.

(c)

“Student bathroom” means a bathroom that is accessible by students, including a gender-neutral bathroom, a bathroom designated for females and a bathroom designated for males.

(2)

 

(a)

Each public education provider shall ensure that both tampons and sanitary pads are available at no cost to students through dispensers located in at least two student bathrooms of every public school building.

(b)

Notwithstanding paragraph (a) of this subsection, if a public school building has only one student bathroom, both tampons and sanitary pads must be available at no cost to students through dispensers located in that bathroom.

(3)

A public education provider, and any employee of a public education provider, is not liable in a criminal action or for civil damages as a result of a student’s use of a tampon or sanitary pad made available under this section.

(4)

The State Board of Education and the Higher Education Coordinating Commission shall adopt any rules necessary for the administration of this section. Rules adopted by the board and commission shall provide for:

(a)

The number of dispensers required in each student bathroom;

(b)

The types of products available in each student bathroom; and

(c)

Payments to public education providers for costs incurred under this section, including:

(A)

For school districts, public charter schools and education service districts and subject to subparagraph (B) of this paragraph, distributions from amounts available under ORS 327.008 (State School Fund) (18) to be made based on the average daily membership, as defined in ORS 327.006 (Definitions for State School Fund distributions), of the district or school;

(B)

For education service districts, distributions to be made as provided by subparagraph (A) of this paragraph may not exceed 7.5 percent of the amounts available for distribution under ORS 327.008 (State School Fund) (18);

(C)

For community colleges, distributions from the Community College Support Fund to be made based on the full-time equivalent student enrollment of the community college; and

(D)

For public universities, distributions from a public university support fund established by the commission by rule.
Source

Last accessed
May 26, 2023

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