New Jersey A 3738: Permits students experiencing menstrual disorder to attend school remotely.

Bill Text

(Sponsorship Updated As Of: 5/2/2022)
ASSEMBLY, No. 3738

STATE OF NEW JERSEY
220th LEGISLATURE

INTRODUCED MAY 2, 2022

Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex)
Assemblywoman ANGELA V. MCKNIGHT
District 31 (Hudson)
Assemblywoman BRITNEE N. TIMBERLAKE
District 34 (Essex and Passaic)

Co-Sponsored by:
Assemblywomen Reynolds-Jackson and Haider

SYNOPSIS
Permits students experiencing menstrual disorder to attend school remotely.

CURRENT VERSION OF TEXT
As introduced.

A3738 SPEIGHT, MCKNIGHT
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AN ACT concerning students with menstrual disorders and 1
supplementing chapter 36 of Title 18A of the New Jersey 2
Statutes. 3
4
BE IT ENACTED by the Senate and General Assembly of the State 5
of New Jersey: 6
7
1. a. As used in this section: 8
“Dysmenorrhea” means a disorder that causes severe and 9
frequent menstrual cramps and pain during menstruation. 10
“Endometriosis” means a disorder that causes pelvic pain that is 11
often associated with menstruation. 12
“Menorrhagia” means a disorder that causes heavy or prolonged 13
bleeding during menstruation, often accompanied by a lack of 14
energy. 15
“Polycystic ovary syndrome” means a disorder that may cause 16
cysts and irregular periods. 17
b. Notwithstanding the provisions of any law, rule, or regulation 18
to the contrary, a student enrolled in a school district experiencing 19
symptoms of a menstrual disorder shall be permitted to attend 20
school through virtual or remote means, provided that the student’s 21
parent or guardian submits a written request for accommodation no 22
later than the start of the school day the accommodation is required. 23
Menstrual disorders shall include, but are not limited to, 24
dysmenorrhea, endometriosis, menorrhea, and polycystic ovarian 25
syndrome. 26
c. A parent or guardian shall provide any medical 27
documentation as the principal of the school in which the student is 28
enrolled deems necessary to prove the student meets the 29
requirements for virtual or remote instruction related to menstrual 30
disorders under subsection b. of this section. 31
d. If a student attends a day of virtual or remote instruction 32
while experiencing symptoms of a menstrual disorder, it shall be 33
considered the equivalent of a full day of school attendance for the 34
purposes of meeting State and local graduation requirements or the 35
awarding of course credit. 36
37
2. The Commissioner of Education, in consultation with the 38
Commissioner of Health, shall provide school districts with criteria 39
for defining authorized virtual or remote instruction days related to 40
a menstrual disorder. 41
42
3. This act shall take effect immediately. 43
44
45
STATEMENT 46
47
This bill permits a student enrolled in a school district to attend 48
school through virtual or remote means while experiencing 49

A3738 SPEIGHT, MCKNIGHT
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symptoms of a menstrual disorder. The student’s parent or guardian 1
will submit a written request for accommodation no later than the 2
start of the school day the accommodation is required. Under the 3
bill, menstrual disorders include, but are not limited to, 4
dysmenorrhea, endometriosis, menorrhea, and polycystic ovarian 5
syndrome. 6
A parent or guardian will provide medical documentation, as 7
required by the principal of the school in which the student is 8
enrolled, to prove the student meets the requirements for virtual or 9
remote instruction related to menstrual disorders. Under the bill, a 10
day of virtual or remote instruction will be considered the 11
equivalent of a full day of school attendance for the purposes of 12
meeting State and local graduation requirements or the awarding of 13
course credit. 14
Also under the bill, the Commissioner of Education, in 15
consultation with the Commissioner of Health, will provide school 16
districts with criteria for defining an excused absence from school 17
related to a menstrual disorder. 18
Menstrual disorders, and the pain and discomfort associated with 19
them, are often cited as the reason menstruating students miss 20
school days. Menstrual disorders are also fairly common; one in 21
five menstruating students experience menorrhagia, and nearly 70 22
percent of menstruating students experience dysmenorrhea. 23
Students who attend class while experiencing a menstrual disorder 24
often report classroom performance or concentration being 25
negatively affected. Additionally, nearly one third of students who 26
menstruate report missing at least one day of school while 27
experiencing menstruation. 28