The new Biden rule requires schools to adhere to progressive ideologies on gender and sexuality, or they risk losing federal funding for free and reduced price school lunches.

Legal observers believe this is only the beginning of a series of new rules that will tie federal funding for education to policies far-left on gender and sexuality.

The Center Square reported that the controversy over school lunch funding began in May of 2022 with a U.S. Department of Agriculture announcement. This department is responsible for federal aid to schools.

At the time, the USDA announced that it would alter its long-standing interpretation of Title IX – the law that governs discrimination protections for education. USDA announced that it would extend its previous prohibition on discriminating on the basis of sex to include discrimination on the basis of sexual orientation and gender identification.

The Food and Nutrition Service of the USDA is responsible for funding school lunches.

USDA issued a statement saying that state and local agencies as well as program operators and sponsors who receive funding from FNS are required to investigate any allegations of discrimination on the basis of gender identity or sexuality. These organizations also must update their nondiscrimination policy and signage in order to prohibit discrimination on the basis of gender identity or sexual orientation.

Experts say that this change is a major shift in interpretation of the law, with significant legal implications for taxpayer dollars. It’s also a first-time reinterpretation. Schools that receive Pell Grants, FAFSA or federally funded school lunches will have to adhere to the new Title IX Interpretation or they risk losing their funding.

The Center Square quoted Sarah Perry, an expert in this area and a lawyer with the Heritage Foundation.

Schools will be forced to conform on the highly politicized and complex issue of gender and sexuality, with the ever-growing number and diversity of gender identities and orientations.

Perry stated that this was no small change. “This is an important interpretation that says that sex is equal to sexual orientation and gender identification when Title IX dates back to 1972 with the women’s movement and there was a campaign by LGBTQ activists at the time to include anti-discrimination laws, indicating that they did not believe they were protected.”

This could mean that schools are forced to let transgender girls access facilities reserved for girls of the same gender or use preferred pronouns.

Senate Republicans failed to reverse the USDA reinterpretation through the Congressional Review Act.

After the failed effort, Roger Marshall, R. Kansas, U.S. Senator, stated: “Don’t fool yourself, this is only the Biden administration that is taking lunches away from the children.” There is evidence that USDA policy has already taken school lunch funding away from low-income kids.

He added, “Weaponizing lunch money to pursue their radical agenda is unconscionable and we won’t stand for it.”

Nearly two dozen state filed a legal challenge against the USDA’s reinterpretation. They noted that Tennessee was successful in challenging similar federal efforts from the U.S. Department of Education, and Equal Employment Opportunity Commission.

A court battle may become more complicated if more schools challenge the new USDA interpretation, or if a parent or student feels that their local school district is not complying with USDA’s interpretation.

The importance of Title IX, and the potential nationwide impact of a ruling could lead to a legal battle at the U.S. Supreme Court.

In 2022, a Christian school in Florida settled this lawsuit out of court. The USDA also announced that religious schools would have more flexibility and exemptions to the policy.

Another church and preschool in California sued, claiming they were denied school lunch funds for refusing the gender identity doctrine when it came to their employment practices.

Perry, however, said that the USDA is not responsible for enforcing a liberal regulation plan regarding gender or sexuality within schools. Perry has said that the Department of Education will be releasing new rules of this kind in spring 2024. These rules were supposed to be finalized by now and could be combined into one rule. However, they have been delayed due to the pushback from the federal agency.

Perry, in reference to the delays, said: “I think that [the Biden Administration] was a bit overwhelmed by criticism.”

The federal government would be affected by the new DOE rules and the redefining of sex, which includes sexuality and gender.