Section 267: Student's Right to Hygiene Products

Section 267: Student's Right to Hygiene Products

East High School in Buffalo, New York: Image Courtesy of Andre Carrotflower via WikiCommons

Last month, New Mexico passed legislation requiring public schools to provide hygiene products to students. Recognizing that access to hygiene items is crucial, state legislatures are enacting laws that mandate institutions to provide hygiene products. Yet, some states do not require hygiene products to be provided in schools. Other states provide funding opportunities for schools but do not make it a requirement for schools to provide such products. In a conducted study, more than 4 out of 5 students in the U.S. reported missed class time or knew someone who missed class time because of a lack of access to hygienic products in school.

In New York, students have the right to be provided with accessible hygienic products.

Passed in 2018, under New York Public Health Law, Section 267 requires all elementary and secondary public schools serving grades 6-12 to have hygiene products in schools at no charge.

Let’s break this down.

Which schools are affected by this law?

Schools that serve in New York State that are:

  • Elementary or Secondary Schools.
  • Must be serving students in grades 6-12.
  • Must be a public or publicly-funded school.
Where can students find hygiene products?
  • Section 267 requires schools to provide feminine hygiene products in restrooms of school buildings.
  • Schools may also provide products in the nurse’s office or in a designated space.
Do students have to pay for hygiene products?
  • No. Section 267 requires schools to provide to students for free.
What if my school does not provide hygienic products?
  1. Is your school affected by this law? [Is your school a (1) public school that (2) serves students from 6-12 (3) in the State of New York?]
  2. If yes to 1, consider contacting a school staff member, guidance counselor, or administrator about the issue. Here is a template that might be helpful to you:

Dear Mr./Ms. ________,

I hope you are well. My name is (Name), and I am a current student at (School). I am writing to bring your attention to a concerning issue regarding the accessibility of feminine hygiene products at our school. It has come to my attention that the current provision of these essential products in our restrooms is inadequate, and I believe it is crucial that we address this matter promptly.

As you may be aware, New York State law mandates that schools are required to provide hygiene products to students. It is disheartening to see that our school falls short of meeting this legal obligation. Menstrual hygiene products are not just a matter of convenience but a necessity for the well-being and dignity of students. The lack of proper access to these products can significantly impact a student's ability to concentrate on their studies and can even lead to unnecessary embarrassment and anxiety.

I urge you to take immediate action to resolve this issue. By ensuring that our school provides an adequate supply of feminine hygiene products in the restrooms, we can demonstrate our commitment to creating an inclusive and supportive environment for all students. This will not only comply with the state law but also contribute to the overall well-being and academic success of the students.

Thank you for taking the time to consider my concerns. I would greatly appreciate an update on the steps being taken to address this matter. Your attention to this issue will not only have a positive impact on the lives of students but also reflect the values and commitment of our school community.

Respectfully Submitted,

(Name)

What if my school requires students to pay for hygienic products (such as a vending machine)?
  1. Is your school affected by this law? [Is your school a (1) public school that (2) serves students from 6-12 (3) in the State of New York?]
  2. If yes to 1, consider contacting a school staff member, guidance counselor, or administrator about the issue. Here is a template that might be helpful to you:

Dear Mr./Ms. ________,

I hope you are well. My name is (Name), and I am a current student at (School). I am writing to bring your attention to a concerning issue regarding the accessibility of feminine hygiene products at our school. It has come to my attention that our school requires students to pay for hygiene products and I urge that these essential products be free of charge.

As you may be aware, New York State law mandates that schools are required to provide hygiene products to students at no charge. It is disheartening to see that our school falls short of meeting this legal obligation. Menstrual hygiene products are not just a matter of convenience but a necessity for the well-being and dignity of our students. The lack of proper access to these products can significantly impact a student's ability to concentrate on their studies and can even lead to unnecessary embarrassment and anxiety.

I urge you to take immediate action to resolve this issue. By ensuring that our school provides free feminine hygiene products, we can demonstrate our commitment to creating an inclusive and supportive environment for all students. This will not only comply with the state law but also contribute to the overall well-being and academic success of the students.

Thank you for taking the time to consider my concerns. I would greatly appreciate an update on the steps being taken to address this matter. Your attention to this issue will not only have a positive impact on the lives of students but also reflect the values and commitment of our school community.

Respectfully Submitted,

(Name)

What are the next steps?
  1. If you have successfully contacted a school staff member, guidance counselor, or administrator, hopefully, you will see some change in your school.
  2. If your voice is not heard or have seen any changes, consider these next steps:
  • Work with a local legal organization. Your school may be in violation of the law.
  • Create a school-wide petition to address the lack of hygiene products
  • Gather any evidence that demonstrates that (1) your school does not provide or inadequately provides hygiene products for free and (2) you have taken steps to address this issue but failed to make any progress.
  • Report to the Department of Education or the New York State Department of Health.

It is crucial to make sure all New York State public schools provide adequate hygiene products to ensure a more equitable and safe learning environment.