USDA has rescinded the Biden Administration’s May 2022 Bostock policy update that sought to require federally-funded food and nutrition service programs to redefine discrimination by reason of “sex” under Title IX of the Education Amendments of 1972 (Title IX) and the Food and Nutrition Act of 2008 as not based on just male or female, but also “gender identity.” Today’s guidance eliminates the illegal threats issued under the Biden Administration that mandated compliance with ever-evolving concepts of gender ideology as a condition for participation in USDA school programs.
As a reminder, meals and snacks offered through the child nutrition programs may be claimed for federal reimbursement if they meet the federal nutrition requirements and other federal regulations. State agencies may not withhold federal reimbursement for meals that meet the federal requirements, even if additional state requirements are not met. However, if a state provides an additional reimbursement above the federal reimbursement, they may withhold the state reimbursement.
USDA and eight other federal agencies recently published a final rule entitled, Partnerships With Faith-Based and Neighborhood Organizations at 89 FR 15671 (final rule). The final rule amended USDA regulations at 7 CFR part 16 related to equal opportunity for faith-based organizations that operate USDA programs and religious protections for USDA program beneficiaries.
Use these local school wellness policy tools and resources to bring your school community together to create strong school environments that support students’ growth, learning, and well-being.
Use these materials to bring your school community together to create strong school environments that support students’ growth, learning, and well-being.
Engage school staff and parents in school wellness using these ready-to-go communication tools.
Action steps for LEAs, districts, and schools to develop, implement, and evaluate a wellness policy and documentation needed for the monitoring process.
Every local educational authority (LEA) is required to have a wellness policy. This written document guides a LEA’s/districts efforts to create supportive school nutrition and physical activity environments.
Local educational agencies participating in the National School Lunch Program and/or School Breakfast Program are required to develop a local school wellness policy that promotes the health of students and addresses the problem of childhood obesity.
The attached policy memorandum, “Modifications to Accommodate Disabilities in the School Meal Programs,” includes important updates to requirements related to accommodating children with disabilities participating in the school meal programs. Previous FNS guidance on this issue was included in FNS Instruction 783-2, Rev. 2, Meal Substitutions for Medical or other Special Dietary Reasons