After Post investigation, federal bill imperils school money if menstrual data is collected

Members of Congress have announced legislation that would prohibit schools that receive federal funding from collecting or requiring information regarding students’ menstrual cycles.

The move came Feb. 9, the same day that Florida athletic leaders agreed to remove questions about athletes' menstrual history from annual registration forms. An investigation by The Palm Beach Post found that 35 states, then including Florida, ask athletes about their periods and require them to turn in the answers to their school districts during the annual registration process.

U.S. Reps. Adam Schiff (D-Calif.), Ilhan Omar (D-Minn.,), and Sheila Cherfilus-McCormick, a Democrat who represents parts of West Palm Beach and western Palm Beach County, introduced the legislation, named the PERIOD Act.

Legislators decry discrimination against transgender athletes as Florida adds "sex assigned at birth" question

The bill sponsors said menstrual questions asked by Florida were a "roundabout way of discriminating against trans students that would also subject cisgender students to invasive government mandates of their private medical data."

In the same meeting where the Florida High School Athletics Association (FHSAA) removed questions from the registration forms about menstrual history Thursday, the board of directors approved a question in which athletes will be required to report their "sex assigned at birth."

Previously, Florida's form asked only for a student's "sex."

Reached Friday by email, Cherfilus-McCormick said the FHSAA's decision represented another "intrusive question" that revealed the association's "true intentions."

“Requiring students to answer questions about their menstrual period or their 'sex assigned at birth' is an overreach. Although the Florida High School Athletics Association scrapped its plan to include questions related to menstruation in its registration forms, it continues to infringe upon the privacy rights of students," she said.

Did menstrual questions have anything to do with Ron DeSantis?

In a news release, Schiff targeted Gov. Ron DeSantis as the source of the questions about athletes' menstrual histories.

"We must put an end to this macabre proposal from Ron DeSantis and others, and protect students’ privacy and medical autonomy," he said. But the FHSAA is not a state agency headed by DeSantis, although its duties to oversee public school athletics are outlined by state law.

John Gerdes, president of the board, addressed the misconception that the FHSAA's registration process was influenced by the governor. "This governor and his office had nothing to do with any of this," he said. "We felt no pressure from them, (and) they did not contact us."

Omar called the move by Florida "simply dystopian, immoral, and a violation of our basic rights."

Still, Cherfilus-McCormick tied the FHSAA's consideration of menstrual history questions to other policy moves she disagrees with.

"Not even two months into the new year, the state of Florida has banned books in schools, blocked AP African American history courses from being taught in classrooms, and is now attempting to require students to share private health information to play on athletic fields and courts," she said. "Tracking a person’s menstrual cycle is an unconscionable violation of a person’s constitutionally protected right to privacy."

The questions about student athletes' menstrual cycles were on Florida registration forms for at least 20 years, and they dealt with the age an athlete started menstruating, how long they typically go between periods, and how many periods they had in the last year. The questions did not track periods in real time.

A new physical evaluation form without the menstrual history questions will be distributed this spring by the FHSAA, Executive Director Craig Damon said Thursday.

Earlier today: FHSAA board OKs form asking athletes for sex at birth, scraps menstrual questions

Investigation: Florida asks student athletes about their periods. Why some find it 'shocking' post-Roe

More: 866 people sign up to urge FHSAA to take menstrual questions off athletics form

How many other states collect menstrual information from student athletes?

Florida was not unique in asking athletes about their menstrual cycles during their annual sports physicals.

Thirty-four other states now pose menstrual history questions to student athletes and require them to turn in the information to their schools to play. State athletic associations and school districts decide how those forms are stored.

Ten states, including California, Colorado, Maryland, Minnesota, North Dakota, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, instruct athletes not to turn in their medical history to their schools when they register to play.

But not all states ask athletes about their periods.

Five states, Idaho, Mississippi, New Hampshire, New York and Oklahoma, as well as Washington, D.C., do not ask students about their menstrual histories on the forms.

Louisiana asks only whether athletes have any menstrual irregularities, and athletes can check "yes" or "no."

In Florida, questions about period history out, question about sex assigned at birth in

The FHSAA board of directors approved the new form with a vote of 14-2. None of the board members mentioned the change to ask athletes to report their sex at birth.

In December, the FHSAA changed its official handbook to come into compliance with Florida's Fairness in Women's Sports Law, which opponents have called discriminatory toward transgender athletes. The handbook states that every sports team in Florida must be designated as a male, female or co-ed team based on athletes' sex assigned at birth.

The new bylaws prohibit transgender female athletes from playing on sports teams designated for girls and women, but allow transgender male athletes to play on sports teams designated for boys and men.

When student athletes turn in their physical forms starting in the 2023-24 school year, their school will have access to their reported sex assigned at birth alongside emergency medical information and their physician's clearance to play.

Damon and members of the board have not responded to requests for comment on the change to the form or where it came from, but FHSAA staff told The Post on Friday that the new form aligns with the Fairness in Women's Sports Act.

FHSAA staff did not address why Damon did not highlight the change when presenting the new form to the board.

Katherine Kokal is a journalist covering education at The Palm Beach Post. You can reach her at kkokal@pbpost.com. Help support our work, subscribe today!

This article originally appeared on Palm Beach Post: Congress introduces bill on menstrual questions aimed at Florida