After months of intransigence, the administration of Governor Laura Kelly has finally turned over the Supplemental Assistance for Needy Families (SNAP) data demanded by the United States Department of Agriculture.
Framing it as “a victory,” a release from Kelly’s office said the Department of Children and Families has agreed to turn over the data to USDA after the federal government “agreed to DCF’s terms,” and personal data “will not be shared with foreign governments.”
However, while USDA has asserted the authority to share personal information with foreign governments in the event of a violation of the law — such as perhaps fraud by foreign nationals — there is no indication that USDA has, or plans to do so, as federal law specifically authorizes.
“The USDA’s decision to adhere to the DCF’s terms ensures that Kansans’ private, personal information, including full social security numbers, will not be shared with foreign governments,” Kelly said in the release. “Kansas has complied with federal and state laws throughout this entire process and all we have wanted is for the USDA to do the same. In reaching this agreement, we have successfully preserved Kansans’ privacy against the threat posed by the USDA’s initial request that amounted to federal overreach and violation of data protection laws.”
But Kansas Speaker of the House Dan Hawkins — who has called the failure to turn over data “a cover-up” has a very different take.
“Back in August, we called it what it was: the Kelly cover-up,” Hawkins said in a release. “Governor Kelly refused to release SNAP eligibility data the federal government required, dragged the state through months of unnecessary legal fights, and wasted taxpayer dollars in the process. Now, seven months later, she’s declaring victory for doing exactly what she was legally obligated to do from the beginning.
“That’s not leadership. That’s political theater at your expense. Kansans deserve to know if there’s waste, fraud, and abuse in our programs. Instead, they got delays, legal bills, and a phony victory lap when the Governor knew she was out of options.”
Indeed, USDA had already withheld over $10 million in SNAP funds — which was distributed pending appeal — and Kansas Attorney General Kris Kobach sued the administration to force the data to be turned over.
The information the USDA asked for is the qualifying information DCF must use to determine eligibility for SNAP — names, dates of birth, Social Security numbers, home addresses, and “all data records used to determine eligibility,” including income information for those currently receiving food stamps. The Kansas SNAP program provides approximately $417 million in benefits annually and feeds about 188,000 people a month, including around 86,000 children.
Hawkins may have a point
The Kansas Division of Legislative Post Audit issued a report in early February 2025, finding that Kansas has exceeded the federal SNAP error rates since 2019.
According to the audit, The Kansas Department of Children and Family Services’ SNAP payment error rate has exceeded the federal payment error rate threshold of 6% since 2019.
LPA reviewed fiscal years 2023 and 2024 and found nearly 300 errors — most of them were related to miscalculating an applicant’s income and resources.
LPA said, “Staff turnover, the complexity of SNAP eligibility rules, and inconsistent verification efforts appear to be significant factors in the department’s SNAP payment errors.”
However, LPA also said they “identified several hundred additional errors that were not included in the federal payment error rate because the dollar value of the error was less than the federal reporting threshold.”
The eligibility requirements are admittedly complex, including calculations of both gross and net income, and the application runs to 36 pages and over 200 questions — because it is also the application for Temporary Assistance to Needy Families (TANF) and childcare assistance.
Moreover, just the manual giving policies for SNAP approval runs to 700 pages.
While some of the 36-page applications are done online, many are handwritten, requiring DCF staff to manually enter the data.
Across the two years, DCF attributed about half of the errors to DCF staff errors. However, the percentage was slightly higher in 2023 (51% in 2023 vs. 45% in 2024). This includes errors such as staff incorrectly prorating benefits, allowing ineligible expenses, and failing to update income.
