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Kansas Attorney General Kris Kobach has formally requested the Kansas State Board of Education to revise school-related contracts to ensure they are in line with federal laws and court decisions.
The focus is on contracts linked to Child Nutrition and Wellness Programs, which currently include terms that extend sex discrimination definitions to cover gender identity and sexual orientation.
Concerns Raised Over Non-Compliance With Federal Rulings
In a letter directed to Board Commissioner Randy Watson and Chair Cathy Hopkins, Kobach pointed out that certain contract provisions may violate federal mandates, including Title IX regulations.
He stressed that extending the definition of sex-based discrimination to include gender identity and sexual orientation contradicts recent U.S. District Court rulings and executive directives.
“These references are both unnecessary and in conflict with federal law,” Kobach wrote. He urged the removal of such language to safeguard student privacy and maintain legal compliance.
Federal Executive Orders and Court Case Cited
Kobach referenced Executive Order No. 14173 and Executive Order 14151, both of which instruct the Departments of Agriculture and Education not to broaden the scope of sex discrimination under federal programs.
He contrasted these with Kansas Executive Order No. 19-02 from 2019, claiming it is inconsistent with current federal standards.
Additionally, he cited the Kansas v. U.S. Department of Education ruling, which determined that interpreting Title IX to include gender identity diminishes the legal protections meant for biological females in academic environments.
Push for Immediate Contractual Revisions
The letter was distributed to all members of the Kansas State Board of Education, emphasizing the urgency of amending school vendor contracts.
Kobach insisted that Kansas must adhere to the current legal interpretation of Title IX, which does not include gender identity as part of sex discrimination.
Attorney General Kris Kobach’s letter marks a renewed push to ensure that Kansas education contracts strictly follow federal legal definitions, especially regarding gender identity and sexual orientation.
His call reflects both legal precedent and the ongoing national debate over how gender should be recognized and protected in public education policies.