Menstrual Dignity for Students Program Update
April 4, 2022
Permanent Rules Adopted
The State Board of Education passed the Menstrual Dignity for Students Rules on March 17, 2022. The permanent rules have replaced the temporary rules, passed on September 16, 2021, and have been renumbered as OAR 581-021-0587, OAR 581-021-090, OAR 581-021-0593, and OAR 581-021-0596.
OAR 581-021-0593 includes small changes to strengthen clarity and inclusivity, including (changes in bold):
- Expanding the inclusive and affirming education requirement to two spirit and indigiqueer students.
- Reasserting that required menstrual health education be positive and not fear- or shame based.
OAR 581-021-0596 also was fixed to align reimbursable costs to HB 3294 (2021), which explicitly names costs associated only with products and dispensers, and not trash receptacles.
The Menstrual Dignity for Students Toolkit has been updated to reflect the new permanent rules.
2022 Legislative Session Changes to Statute
The 2022 Legislative Session passed the omnibus SB 1522, which offered clarifying changes to HB 3294 (2021) (changes in bold):
- 1(c) has been amended to specify that menstrual products are not required to be provided within early learning or pre-k program bathrooms. The rule now defines a student bathroom as “a bathroom that is accessible by students in kindergarten or above, including a gender-neutral bathroom, a bathroom designated for females and a bathroom designated for males.”
- The new subsection 4(c) allows schools to provide free menstrual products outside of a bathroom when the school does not have control over the bathroom used. This may apply to field trips or when education is provided in locations such as correctional institutions or health facilities. In these cases, schools must still consider privacy, gender inclusivity, and accessibility. The subsection reads, “4(c) The provision of tampons and sanitary pads in an alternate location when the public education provider does not have control of the student bathrooms used by the students of the public education provider.
The Menstrual Dignity for Students Toolkit will be updated soon to reflect changes to the statute.
Reimbursement Process and EGMS
2021-2022 School Year
The Menstrual Dignity team at ODE is currently working to create grants in the EGMS system for school districts to claim. As a reminder, these grants will reflect the maximum funding ceiling designated for your district, charter school, or ESD listed on the 2021-2022 funding calculator.
Once you submit the completed reimbursement form, your district will be allowed to draw down from that maximum designation based on your actual cost reported in the form. Grantees will find their grant on the EGMS platform in the coming weeks. For more information on how the distribution process works, see page 21 of the Menstrual Dignity for Students Toolkit.
Reimbursement forms (for expenses incurred between July 1, 2021 and July 1, 2022) are due on September 1, 2022.
2022-2023 School Year
District, charter school, and ESD grantees shall receive reallocated grant funds for year two of the program in accordance with the ADM formula. Districts can start using their base grant amount as an estimate for planning purposes, which can be found on the 2022-2023 funding calculator. Additionally, per OAR 581-21-0596, any unspent funds for the first year of the biennium shall be rolled into the distribution of funds for the second year of the biennium and reallocated in accordance with the ADM formula. These funds will be added to your grant in EGMS in the Fall.
For more information, please refer to the Menstrual Dignity for Students Toolkit.
For up to date information about the Menstrual Dignity for Students program, please visit the Menstrual Dignity For Students Program dropdown on Oregon Department of Education’s (ODE) Sexuality Education Resources page.
Questions? Reach out to ode.menstrual-dignity@ode.oregon.gov.
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