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Attorney General Kobach tells Kansas schools to drop inclusive language from contracts

KANSAS CITY, Mo. — Attorney General Kris Kobach is continuing his crusade against Kansas schools for using inclusive language, claiming it goes against federal law.

In a letter to the Kansas State Board of Education, Kobach is urging immediate action to revise contracts for Child Nutrition and Wellness Programs to comply with federal law and recent court rulings.

The letter calls out Kansas schools for using contract language that expands the definition of sex discrimination to include “gender identity” and “sexual orientation.” Kobach said this conflicts with federal executive orders and a recent U.S. District Court ruling.

“The inclusion of such language in school contracts is not only unnecessary but also contrary to federal law and the recent court ruling,” he said in a statement Thursday.

Kobach is asking the State Board of Education to remove references to “sexual orientation” and “gender identity” from these contracts “to ensure compliance with Title IX.”

Kobach claims that Kansas Executive Order No. 19-02, issued in 2019, is inconsistent with federal law – including Executive Order No. 14173 (90 FR 8633) and Executive Order 14151 (90 FR 8339) – which he said directs the Department of Agriculture and Department of Education not to expand the definition of sex discrimination to include gender identity.

Earlier this week, Kobach asked the federal government to investigate four Kansas school districts, including three in the Kansas City metro, for “illegal social transition policies” relating to gender identity and discrimination.

The school districts said the attorney general’s accusations are “a publicity tactic” that’s “part of a larger political agenda.” You can read the school districts’ responses here.

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