(1) As used in this section:

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(a) ‘Public education provider’ means:

(A) A school district;

(B) A public charter school;

(C) An education service district;

(D) A community college; or

(E) A public university listed in ORS § 352.002.

(b) ‘Public school building’ means a building used by a public education provider to provide educational services to students.

(c) ‘Student bathroom’ means 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.

(2) Each public education provider shall ensure that both tampons and sanitary pads are available at no cost to students through dispensers located in every student bathroom of every public school building.

(3) A public education provider, and any employee of a public education provider, is not liable in a criminal action or for civil damages as a result of a student’s use of a tampon or sanitary pad made available under this section.

(4) The State Board of Education and the Higher Education Coordinating Commission shall adopt any rules necessary for the administration of this section. Rules adopted by the board and commission shall provide for:

(a) The number of dispensers required in each student bathroom;

(b) The types of products available in each student bathroom;

(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;

(d) Modifications to or exemptions from the requirements of this section for student bathrooms that are not located in commonly accessible areas of the public school buildings of a community college or a public university; and

(e) Payments to public education providers for costs incurred under this section, including:

(A) For school districts, public charter schools and education service districts and subject to subparagraph (B) of this paragraph, distributions from amounts available under ORS § 327.008 (17) to be made based on the average daily membership, as defined in ORS § 327.006, of the district or school;

(B) For education service districts, distributions to be made as provided by subparagraph (A) of this paragraph may not exceed 7.5 percent of the amounts available for distribution under ORS § 327.008 (17);

(C) For community colleges, distributions from the Community College Support Fund to be made based on the full-time equivalent student enrollment of the community college; and

(D) For public universities, distributions from a public university support fund established by the commission by rule. [2021 c.635 § 1; 2021 c.635 § 2; 2022 c.81 11,12; 2023 c.586 § 7]