Period products like tampons and pads are not a luxury, advocacy groups say
One in four people in the U.S. who need menstrual products today struggle to afford them. And more than 20 states still tax period products.
Ariana Triggs and Callie Carmichael, USA TODAY
In 2019, Rochester teen Caroline Dillon spearheaded the passage of a law to mandate New Hampshire schools provide free feminine hygiene products such as pads and tampons to help students without access and to fight the stigma around periods.
But this year, some Republican lawmakers have introduced a bill to remove this requirement, saying it goes against the state constitution.
HB 415 sponsor, state Rep. Katy Peternel, R-Wolfeboro, said to the House Education Policy and Administration committee on Wednesday that while she doesn’t “have an issue” with supplying free menstrual products in restrooms, requiring schools to bear the costs of supplying the products is an “unfunded mandate.”
Why are menstrual products mandated in NH schools?
Current New Hampshire law requires all New Hampshire middle and high schools to provide free feminine hygiene products in dispensers in their female and gender neutral bathrooms.
Dillon, who was a senior at Spaulding High School at the time, brought a mock version of the bill to then state Sen. Martha Hennessey, D-Hanover after learning about “period poverty” in school. The term refers to when girls and women miss things like work or learning time because they can’t afford feminine hygiene products.
Dillon said that she knew girls at her school who would stay home or raise their risk of infection by using socks or newspapers if they didn’t have access to period products when on their cycle.
“To think about my classmates being in need and not having the access to something so basic is just awful,” Dillon told Seacoastonline at the time. “I couldn’t really let that go.”
Dillon also wanted to end the stigma and taboo associated with period products. She believed they should be treated like toilet paper, which is already provided to students for another essential bodily function.
“SB 142 will help ensure young women in New Hampshire public schools will have the freedom to learn without disruption — and free of shame or fear of stigma,” former NH Gov. Chris Sununu said when he signed the bill into law.
Why do legislators want to remove this requirement?
Opponents of the law in 2019 said that it would be an unfunded mandated and could burden taxpayers in already cash-strapped school districts.
Peternel and the other Republican sponsors have a similar argument this time around, saying this law goes against the state constitution’s prohibition on mandating “new, expanded or modified programs or responsibilities to any political subdivision” unless fully funded by the state.
Under the law, schools bear the cost of supplying menstrual hygiene products. School districts can also seek grants to meet this obligation.
Rep. Jess Edwards, R-Auburn, another sponsor of the bill, said that the requirement is “offensive” and unnecessary and that schools will continue to provide products without it.
Over 1,700 oppose removing requirement
On Wednesday, all speakers besides the two sponsors opposed the bill. On the New Hampshire legislature’s website, over 1,700 people signed on in opposition to HB 415. In contrast, 23 signed on in support.
At the hearing, seventh-grader Abigail Banner said that not having menstrual products in her private school requires her to make a plan whenever she is on her cycle. She described one time where she had to use toilet paper because she did not have enough time to go back to her locker to retrieve a pad.
“I could ask my friends for help, but since there’s so much taboo and shame when it comes to talking about periods openly, it would require, well, an entire well thought out plan to not get caught by a suspicious teacher,” she said.
Michael Apfelberg, the president of United Way of Nashua, pushed back against the concern about it being an unfunded mandate, saying he thinks the funding involved is minimal and that it’s worth it for the benefits of improved health and wellness for students, minimized stigma, and raised class attendance.
As of December 2024, 28 states have legislation providing free access to menstrual products in schools.
