Documents received by The Sentinel as part of a Kansas Open Records Act request show that the Kansas State Department of Education is relying on Biden-era guidance in a non-discrimination statement, which is part of the food service contract schools must sign. KSDE says it “has not received any written directives from USDA” in an email to superintendents dated June 6, but the non-discrimination statement (NDS) on the USDA site clearly does NOT include the gender and gender identity language districts were asked to sign.
Now, the June 6 email from KSDE says districts can use the NDS language that doesn’t include gender identity and sexual orientation if they choose.
In 2020 — section K paragraph 3 of the contract stated “In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. (Emphasis added).”
The Biden administration later changed the language read “In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.”
Last week KSDE sent out an email stating “For School Year 2025-2026 program operators of School Nutrition Programs may use either the Program Agreement that was included in the initial Program Year 2026 Renewal Cover Memo and Instructions released on May 15, 2025 (containing the 2022 CNP NDS and located within the KN-CLAIM system) or the Program Agreement referencing the Nondiscrimination Statement (2025 CNP NDS) as currently posted on the USDA FNS All Other Programs Nondiscrimination Statement webpage (dated 4/17/25). “School Nutrition Program operators may not use the nondiscrimination statement included in the school year 2019-2020 program agreement (program agreement that remained in effect for SY 2024-25) and must use either the 2022 CNP NDS or the 2025 CNP NDS in its entirety.”
As the screenshot below shows, in 2022 USDA issued a memo stating that program recipients were informed “prohibition of discrimination based on sex in Title IX and the Food and Nutrition Act includes gender identity and sexual orientation.”
Indeed, the KSDE website continues to use the gender identity and sexual orientation language, despite both an executive order, and “dear colleague” letter from the U.S. Department of Education regarding Title IX and gender identity.
The email sent to superintendents across the state claimed that KSDE has received no “written guidance” about the gender identity language in the contract, but that appears to be a deceptive effort to get school boards to use the gender language. The current USDA non-discrimination statement on the department’s website does not include the gender identity language.
Dave Trabert, CEO of The Sentinel’s parent company, Kansas Policy Institute, says KSDE must be acting out of political motivation.
“The USDA no longer includes the gender identity language, and a recent court ruling makes clear that the prohibitions against discrimination on the basis of sex do not include gender identity. Parsing words to say they haven’t received ‘written’ guidance from USDA is just another example of KSDE being driven by a political motivation.”
We asked KSDE if guidance was requested, but they did not respond.
