HB2177 HD1

SECTION 1. The legislature finds that the university of Hawaii is statutorily prohibited from depriving a person of the privileges of the university on the basis of sex and that eighty per cent of menstruating students in elementary through high school in the State experience difficulties accessing menstrual products.

The legislature further finds that menstruating students who are unable to access menstrual products face a significant barrier to education that biologically male students do not, because a lack of access to menstrual products can limit full educational participation and adversely affect a student's access to learning.

The legislature additionally finds that "period poverty", or the inability to access menstrual products, disproportionately affects menstruating students, members of low-income households, individuals who identify as nonbinary or transgender, and many other groups of individuals.

Nationally, research published by George Mason University's College of Public Health in 2021 found that one in ten college students in the United States is affected by period poverty every month, and fourteen per cent had experienced period poverty in the past year. Compared to the national data collected in 2019 and published in 2021, students in Hawaii fared worse. One in five students in the University of Hawaii system experienced period poverty every month, and forty-three per cent had experienced period poverty during the past year, according to a survey conducted by George Mason University and Maʻi Movement Hawaiʻi in 2023.

Furthermore, the legislature finds that among college-aged students facing period poverty, eighty-one per cent experienced academic disruptions, and thirty-one per cent experienced depressive symptoms. Students who faced period poverty were also disproportionately affected by food and housing insecurity. Food insecurity was reported by fifty-four per cent of those experiencing period poverty versus thirty-three per cent of those not experiencing period poverty. Housing insecurity was reported by fifty per cent of those experiencing period poverty versus forty-two per cent of those not experiencing period poverty.

According to a 2021 study conducted by the Hawaii state commission on the status of women and Maʻi Movement Hawaiʻi, lack of access to menstrual products contributes to higher rates of school absenteeism in the State, with forty-two per cent of respondents missing class or leaving school early due to a lack of access to menstrual products, and some respondents missing as many as ten days per academic year due to a lack of access to menstrual products. The legislature finds that chronic absenteeism is one of the most powerful indicators of student success or failure.

The legislature further finds that the Hoʻohanohano Initiative conducted by Maʻi Movement Hawaiʻi is a statewide pilot program that aims to increase student access to period products by distributing them free of charge in six public, charter, Title 1, and non-Title 1 schools on Oahu, Hawaii island, Maui, and Kauai ranging from elementary through high school in urban and rural communities and tracking the product usage over time in each school. Pre- and post-surveys, conducted from August to September 2021 and November 2021 to January 2022, respectively, show that the number of students who missed at least one school day due to lack of access to menstrual products decreased from thirteen per cent to six per cent, demonstrating that free menstrual products can significantly decrease absenteeism.

Moreover, the legislature finds that the university of Hawaii should uphold educational and gender equity by providing free menstrual products to all persons using university restrooms. The legislature further finds that beginning in the fall semester of 2018, the Alpha Kappa Psi chapter of the Phi Theta Kappa Honor Society at Kapiʻolani community college, of its own volition, used chapter dues and university of Hawaiʻi women's campus club, Awesome Foundation, and Kapiʻolani community college student congress grant funds to successfully implement a program that provides menstrual products, free of charge, in Kapiʻolani community college restrooms.

In addition, the legislature finds that the university of Hawaii at Hilo took the initiative and used campus funds to implement a program that provides menstrual products, free of charge, in campus restrooms and, based on this program, has estimated the cost of continued distribution of these products.

The legislature finds that this issue is a matter of statewide concern that falls under its purview pursuant to article X, section 6, of the Hawaii State Constitution.

Therefore, the purpose of this Act is to require the university of Hawaii to provide menstrual products free of charge to all students on all campuses, including community colleges and education centers.

SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§304A- Menstrual products; availability. (a) The university shall provide menstrual products free of charge to all students on all campuses, including community colleges and education centers.

(b) As used in this section, "menstrual products" includes but is not limited to disposable menstrual pads and tampons."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	2177
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII