Legal Update Memo No. 17-2021(CC) AB 367 – Obligation to Provide Free Menstrual Products (CCD)

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The Governor signed Assembly Bill (“AB”) 367, Menstrual Equity for All Act of 2021, on October 8, 2021, which adds Education Code section 66027.7.  Effective January 1, 2022, community college districts shall stock an adequate supply of menstrual products,[1] available and accessible, free of cost, at no fewer than one[2] designated and accessible central location on each campus.

A location’s accessibility shall be determined by considering all of, but not limited to, the following factors:

a.   Hours of operation, relative to hours that students are on campus;

b.   Proximity to high-traffic areas on campus;

c.   Accessibility by students of all genders and regardless of physical ability;

d.   Privacy, including whether accessing products would require interaction with staff or other students; and

e.   Safety

Locations may include student centers, libraries, wellness or health centers, pantries, and study rooms.

A notice must be posted in a prominent and conspicuous location in all women’s restrooms, all-gender restrooms, and in at least one men’s restroom regarding the requirements of this Act.  A sample notice is included with this Legal Update.

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The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

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[1] “Menstrual products” are defined as menstrual pads and tampons for use in connection with the menstrual cycle.

[2] While districts must provide at least one location on campus, districts may choose to provide multiple locations on campus where persons may access menstrual products.