USDA has rescinded the Biden Administration’s May 2022 Bostock policy update that sought to require federally-funded food and nutrition service programs to redefine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 memorandum clarifies that telephonic and virtual fair hearings and administrative disqualification hearings are allowed, reminds state agencies of related requirements, and recommends various best practices when conducting telephonic or virtual hearings. This memo rescinds and supersedes previous telephonic hearing guidance provided in FNS policy memos 82-14 and 83-05.
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.
The purpose of this memorandum is to provide clarification on the written notice requirements that apply to indian tribal organizations and state agencies that administer FDPIR, per the USDA regulations on equal opportunity for religious organizations to participate in USDA assistance programs.
The purpose of this memorandum is to clarify the written notice and referral requirements for organizations that receive USDA Foods or administrative funding as part of CSFP and TEFAP, per USDA regulations on equal opportunity for religious organizations to participate in USDA assistance programs.