USDA has rescinded the Biden Administration’s May 2022 Bostock policy update that sought to require federally-funded food and nutrition service programs to redefine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.
This guidance is intended to assist state agencies and program operators of the Child and Adult Care Food Program and Summer Food Service Program in meeting the longstanding federal requirement to collect race and ethnicity data of program participants.
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.
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
The purpose of this Instruction and TEFAP program guidance is to establish and convey policy and provide guidance and direction to the USDA Food and Nutrition Service and its recipients and customers, and ensure compliance with and enforcement of the prohibition against discrimination in all FNS nutrition programs and activities, whether federally funded in whole or not.