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FOR IMMEDIATE RELEASE
July 10, 2025
TOPEKA — On June 25, 2025, Kansas Attorney General Kris Kobach sent a letter to members of the Kansas State Board of Education (State Board), asking the State Board to remove language prohibiting discrimination against any person because of gender, sexual orientation, gender identity or expression from certain contracts it intended to enter into with Kansas public schools participating in U.S. Department of Agriculture (USDA) food nutrition programs.
According to the attorney general, such language potentially violates executive orders issued by President Donald J. Trump as well as an injunction previously granted in federal court. The language at issue is part of the mandatory contractual provisions included in all state contracts to secure goods or services through the Kansas Department of Administration’s Office of Procurement and Contracts.
On July 3, the attorney general met with representatives of the governor’s office, the Kansas Department of Administration, the Kansas State Department of Education (KSDE), and the Kansas State Board of Education. During that meeting, representatives of KSDE and the State Board explained that the agencies are bound by state procurement laws and policies to include the mandatory contractual provisions as written by the Kansas Department of Administration. Any changes to the mandatory contractual provisions need to be made or approved by the Kansas Department of Administration, not by KSDE or the State Board.
On July 7, the attorney general sent a follow-up letter to the Kansas Department of Administration and to the State Board, reiterating his position that such non-discrimination language cannot be used in any contract tied to the use of federal funds. The attorney general expressed concerns that refusal by the Kansas Department of Administration to disburse funds, based on the absence of the nondiscrimination language prohibiting discrimination based on gender, sexual orientation, gender identity or expression may risk federal funding for Kansas school children going forward.
KSDE continues to work with Kansas schools toward a satisfactory resolution.
(See attached below the letters from the attorney general to the State Board and the Kansas Department of Administration's contractual provisions form DA-146a)
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The Kansas State Department of Education does not discriminate on the basis of race, color, religion, national origin, sex, disability, or age in its programs and activities. (more information...)
To accommodate people with disabilities, on request, auxiliary aides and services will be provided and reasonable modifications to policies and programs will be made. To request accommodations or for more information please contact the Office of General Counsel at gc@ksde.gov or by 785-296-3201.