The Derby Board of Education discussed the district’s National School Lunch Program (NSLP) agreement on June 23 after staff flagged differences between the U.S. Department of Agriculture’s (USDA) updated nondiscrimination language and the Kansas State Department of Education (KSDE) forms used to administer the program.

Martha Lawson, food service supervisor, told the board the bulk of school nutrition funding comes from the USDA and that KSDE administers federal funds. “The federal is almost $3,000,000. State is, like, $40,000,” Lawson said.

Board members raised legal concerns after public comment and board discussion noted that KSDE’s contractual provisions reference state and federal nondiscrimination authorities and that language about gender identity had been added in some documents. A member of the public described overlapping executive orders and state law and urged the board to confirm legal authority before approving the agreement.

Burke Jones, director of operations, and district staff said KSDE and the USDA had exchanged guidance; KSDE updated some materials and sought legal review after districts inquired. Board members instructed staff to have the district attorney (Calvin Ryder, as referenced in the meeting discussion) consult KSDE’s attorney and await an opinion from the Kansas attorney general expected later in the month. The board noted the district did not need to sign the agreement immediately; staff said the district had until mid-July to complete the paperwork.

No formal vote to sign the agreement occurred at the meeting. The board asked staff to obtain legal clarity and bring an amended program agreement back for action at an upcoming meeting.