Washington – USDA Pulls Problematic “Religious Exemption” Guidance for Schools and Camp

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    Washington – The U.S. Department of Agriculture (USDA) has decided to rescind guidance it issued in May regarding “gender separation” during the administration of federal child nutrition programs. The guidance was directed primarily at schools and camps and covered, among other USDA initiatives, school breakfast and lunch — as well as summer feeding — programs.

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    At issue in the guidance was a provision allowing religious schools and camps to apply for an exemption in cases where their “specific religious tenets” require separation of boys and girls. No details were given as to how the exemption was to be implemented.

    “We did not know if the requirement would involve onerous administrative procedures or, for example, how it would apply to single gender entities,” said Rabbi Abba Cohen, Vice President for Federal Affairs and Washington Director for Agudath Israel of America, who raised the concern with the USDA. “More importantly, we did not know if the agency was contemplating adjudicating whether a specific religion’s tenet truly required the separation — an inappropriate action that would surely offend constitutional principles.”

    The USDA’s Food and Nutrition Service explained in the guidance that it was prompted by numerous inquiries and complaints that some schools were separating students by gender during breakfast and/or lunch meal service. The schools argued that such separation was consistent with federal law and that sometimes this separation between boys and girls was necessary for safety and discipline purposes. The guidance rejected these arguments.

    Jewish and other religious schools and camps have never been required to apply for a religious exemption in the past.

    The Department informed Rabbi Cohen that lack of proper consultation resulted in an overbroad directive. It said that it was pulling the guidance from its website and that it is instructing its regional and state directors not to enforce the guidance. The agency is currently working on new guidance that will target the specific problem of safety and discipline and that will be appropriate for, and take into account, the special circumstances of religious schools and camps.

    “The USDA is to be commended for understanding the unique problem the guidance presented for religious entities participating in federal food programs and for responding effectively and expeditiously to resolve it,” notes Rabbi Cohen. “We look forward to continue working with the agency in the development of the new guidance.”


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    11 years ago

    It the camp is already co-ed, why would they “separate” the boys and girls for meatime?? It would seem normal to allow them to eat together in a supervised environment since that would lessen the likihood of their sneaking away to meet at other times in less appropriate and unsupervised ways.