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Board delays signing KSDE/USDA lunch program agreement amid nondiscrimination language concerns
Summary
Administration and board members flagged changed nondiscrimination language referencing gender identity in the KSDE/USDA program agreement; the board asked staff to consult KSDE counsel and the district attorney before signing.
Derby school officials on June 23 discussed the district’s National School Lunch Program agreement after staff and community members raised questions about nondiscrimination language added to the KSDE (Kansas State Department of Education) program agreement that references the USDA statement and state provisions.
Martha Lawson, the district’s food service supervisor, explained the agreement covers federal programs including the National School Lunch Program, school breakfast, summer meals and other child-nutrition activities. She said the funding primarily comes from the U.S. Department of Agriculture and KSDE administers the funds in Kansas.
Board member Cathy (first name only in transcript) and others said they were concerned that the nondiscrimination provisions in the program agreement now reference gender identity. Cathy noted overlapping and potentially conflicting authorities she had reviewed: a 2019 executive order at the state level and a 2023 state statute (Senate Bill 180) that the speaker said addresses definitions related to biological sex. She said the attorney general’s office had indicated it would issue guidance by the end of the month and asked the district to wait for legal clarity before signing an amended program agreement.
Pam Kelly, the district’s director of finance, and Burke Jones, director of operations, described the practical role of KSDE: KSDE administers USDA funds and provides procurement training and other program oversight; KSDE had circulated an edited agreement to districts that incorporated an updated USDA nondiscrimination statement. Lawson told the board the federal portion of reimbursements is roughly $3,000,000 and the state contribution is relatively small ($~40,000), but KSDE is the administrative conduit for federal reimbursements.
Board members directed staff to consult KSDE’s attorney and the district’s legal counsel and return recommended language or an amended agreement for action at a future meeting. Board members indicated there is time to defer signing: the district does not need to execute the program agreement immediately and staff aimed to return an updated agreement before the next meeting. The board did not take a formal vote on the agreement at this meeting.
Speakers and staff emphasized they were seeking legal certainty so the district would not risk signing language that district counsel believed conflicted with state law.
No legal determination was made at the meeting; the board asked administration to report back after consultation with KSDE counsel and the state attorney general’s forthcoming guidance.
