11. Department of Education · Notable
Bar USDA from withholding funds over SOGI in Title IX administration
Printed page 337 11. Department of Education
“The next Administration should prohibit the USDA or any other federal agency from withholding services from federal or state agencies—including but not limited to K–12 schools—that choose not to replace “sex” with “SOGI” in that agency's administration of Title IX.”
What has happened
- Attempted
Executive Order 14168 orders every agency to enforce sex-protective laws on the basis of the two sexes, forbids treating gender identity as a replacement or synonym for sex, and requires agencies to end the collection and use of gender-identity data - which removes the premise for the USDA condition this Quote is aimed at. It is a government-wide directive; it does not itself prohibit USDA from withholding services, and no USDA or ED instrument does.
Research log
What was searched, and what didn’t count as evidence
Research notes
- USDA’s current program nondiscrimination statements for SNAP, FDPIR, WIC and the child nutrition programs list race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income from a public assistance program, political beliefs and reprisal - with no gender identity or sexual orientation (https://www.fna.usda.gov/civil-rights/nds, page updated 2026-08-28). That is the current state of the world, not a dated act, so it is a note rather than Evidence.
- Negative search: no Food and Nutrition Service or Food and Nutrition Administration policy memo rescinding the May 2022 Bostock guidance appears in the agency’s sitemap on fna.usda.gov (5,339 addresses, 15 civil-rights pages); a Federal Register full-text search for “gender identity” limited to the Agriculture Department since 2025-01-20 returns six documents, none of them on Title IX or program nondiscrimination.
- Read 2026-09-06 on usda.gov and fna.usda.gov. The memorandum itself (CRD 01-2022, at the fns.usda.gov address the 2022-05-05 release gives) has been taken down: that page no longer exists on fna.usda.gov, and no address naming CRD 01-2022 or Bostock is in the 5,343-address sitemap re-read that day. The Department’s own site search (which does discriminate — a nonsense term returns no results) returns for “Bostock Title IX” only the 2022-05-05 announcement, and for “gender identity” rescind only the 2025-11-20 release on religious expression in the federal workplace. So the guidance is gone from the agency’s site and nothing dated says when or by what instrument. A removal we can see but cannot date is not an event we can record, and in any case a rescission of the guidance would answer the government-wide ask (#838), not this Quote’s prohibition on withholding funds. Stays attempted. The 2022 announcement, for the record: https://www.usda.gov/about-usda/news/press-releases/2022/05/05/usda-promotes-program-access-combats-discrimination-against-lgbtqi-community.
- The government-wide version of this ask is #838, at partial; this Quote asks for something narrower and more specific - a prohibition on withholding funds - which nothing delivers.
- Action
- restrict
- Object
- USDA school meal program funding conditions
- ID
- 850