The Kansas State Department of Education is declining to answer questions about why the language in the state’s “Child Nutrition and Wellness” contract has changed to include “gender identity” and sexual orientation.
The Sentinel asked Kansas Education Commissioner Dr. Randy Watson why the language in the contract, which school districts sign annually, was changed, but as of publication, has received no response.
Districts generally simply sign the same contract every year and send it in, unless there are changes, as there were this year for the 2025-26 school year contract.
In 2020 — the last time a new contract was released — 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).
However, the language in that paragraph for the coming school year says “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.”
The KSDE gender identity action seems contrary to multiple court rulings. Last year, the U.S. Supreme Court blocked the Biden administration’s attempt to include gender under Title IX discrimination protection. It also appears to be in direct contravention of President Donald Trump’s Jan. 20, 2025, executive order preventing the executive branch, of which the USDA is a part, from using gender or gender identity, rather than biological sex, as a basis for categorization and identification.
The Sentinel also reached out to Kansas Senator Jerry Moran, a Republican, asking about the language change.
A spokesperson for Moran said Sen. Moran has “raised the change in language with USDA and will monitor to make certain it does not impede Kansas schools from participating in this program.”
“While USDA provides funding for school nutrition and summer meal programs, the contract is between the state and the school board,” the spokesperson said.
The Kansas School Board Resource Center, also a Kansas Policy Institute subsidiary, as is The Sentinel, is hosting a free webinar on June 11 with Fritz Edmonds of Edmunds Law. He will discuss the legal options and compliance implications for Kansas school board members.
State agencies continue to push gender ideology
KSDE is far from the first state agency to continue to push gender ideology — despite federal executive orders and state law.
Most recently, the Kansas State High School Activities Association declined to answer questions about “sex at birth” on a required physical exam form for athletes.
The “Pre-Participation Physical Evaluation” form asks for “sex at birth” and goes on to state that “In cases of disorder of sexual development (DSD), designation of sex at birth may be delayed for a period of time until medical providers and family can make the appropriate determination.”
The Sentinel emailed every member of the KSHSAA board of directors, which includes State School Board member Jim Porter, asking why the organization believes “sex at birth” can be unknown at birth, and why it promotes gender ideology on its forms. As of publication, no board members responded.
In late 2024, the Kansas Department of Corrections likewise refused to answer questions about threats to discipline employees over the “misgendering” of “residents.”
The Sentinel obtained an email threatening KDOC employees for “deliberate misgendering” of “residents,” which is how KDOC refers to inmates.
The email, titled “PREA Refresher,” states, “It is crucial we use the proper pronouns when communicating to the residents at our facility.”
It goes on to note that while “mistakes can happen, and, purposely calling a resident by the incorrect pronouns will not be tolerated.”
Further, the email notes, “using correct pronouns is related to a PREA standard, and compliance with this standard is measured during the Department of Justice PREA Audit.” PREA is the acronym for Prison Rape Elimination Act.
The email goes on to state: “Repeatedly calling a Resident by the incorrect pronouns is considered Sexual Harassment and will be handled as such.”
The Sentinel asked KDOC for the reasoning behind this policy and what — exactly — this had to do with prison rape prevention — but received no response.
