The USDA has issued new rules about the Free and Reduced Price Lunch Program that define discrimination to include categories currently popular in our secular culture. Many of our WCRIS schools believe the definitions do not conform to their religious values.
In an effort to help its schools navigate this minefield, WCRIS hosted a webinar Tuesday with the Wisconsin Institute for Law & Liberty (WILL). The attorneys at WILL identified the following choices for schools:
- Get out of the free lunch and milk programs;
- Do what the USDA new rules require so your school can stay in the program;
- Sue the USDA pre-emptively because your school believes the rules are based on incorrect applications of the underlying laws on which the new rules are based. If you want to pursue this option, contact WILL;
- Do nothing. Stay in the program as usual. Wait for the USDA or US Department of Education or DPI to bring an enforcement action against your school. Contact WILL if an agency tries to sanction your school.
In summary, WILL said that this issue is far from being settled due to: a) the lack of clarity on the meaning of what is being required; and b) potential litigation by those (private schools nationwide) who believe the federal government has over-reached.
Regardless of which path your school chooses, WILL suggests schools update their parent/student handbooks to reflect your foundational religious values and communicate this information to parents/students, faculty, staff, sponsoring entities.
The new regulations require schools to make several changes to information they post in their cafeterias and on their websites by August 3.
It has been suggested that schools can also post complementary notices that reference the religious beliefs of the school. WCRIS will issue a sample notice. The notice is being reviewed by legal counsel. See upcoming editions of Current Events for those materials.
WILL further recommends that schools NOT seek the USDA religious exemption because it is not required by law to claim your religious freedoms and going through the USDA process may cause your school more harm than good.
In addition, WCRIS recommends you consult your jurisdiction, such as your diocese, synod or school association, before taking any action.
School Yard Bully Steals the Other Kids’ Lunch Money
That’s a good summary of what private schools are facing with these new USDA regulations.
That’s why WCRIS recommends that school officials identify a plan for feeding students without the free lunch program, should a lag occur between “business as usual” and any enforcement action and subsequent legal maneuvers. These things usually do not happen seamlessly, and you want to protect your school and students.
For example, you can direct parents to provide a brown bag lunch, but how will you provide for students with nothing? How will you generate funds to repay the DPI for lunches already served or food on hand that will no longer be subsidized, or contracts your school is obligated to with food companies regardless of participation in the Free and Reduced Lunch Program?
