Federal

Biden Admin. Warns Schools to Protect Students From Antisemitism, Islamophobia

By Libby Stanford — November 07, 2023 3 min read
Education Secretary Miguel Cardona speaks during an interview with The Associated Press in his office at the Department of Education on Sept. 20, 2023 in Washington.
  • Save to favorites
  • Print

The U.S. Department of Education reminded schools Tuesday that they’re obligated under federal civil rights law to protect students from discrimination amid a nationwide spike in antisemitic and Islamophobic acts and threats on school campuses since the Israel-Hamas war broke out a month ago.

The Nov. 7 “Dear Colleague” letter from Catherine Lhamon, the department’s assistant secretary for civil rights, came days after the Biden administration announced the launch of a national strategy to fight Islamophobia. It also arrived as the president has come under increasing criticism from Muslim-American leaders for his support of the Israeli government as it carries out airstrikes in Gaza and blocks food, fuel, and medicine from entering the Hamas-controlled territory following the militant group’s deadly Oct. 7 attack on Israel.

The administration also launched an effort to fight antisemitism in May, when it issued another reminder to schools about their responsibilities under federal anti-discrimination law.

Schools, including K-12 campuses and colleges and universities, have seen a rise in “disturbing antisemitic incidents and threats to Jewish, Israeli, Muslim, Arab, and Palestinian students,” according to the letter from the Education Department.

The department’s office for civil rights received 12 complaints of discrimination based on shared ancestry—the category that covers antisemitic and Islamophobic incidents—between Oct. 7 and Nov. 7. Of those complaints, one stemmed from an incident at a K-12 school while the rest stemmed from situations at colleges or universities, a department spokesperson said.

In an interview with CNN Tuesday, U.S. Education Secretary Miguel Cardona said he’s asking Congress for more funding to expedite investigations into those situations.

The Education Department doesn’t receive a civil rights complaint about every alleged act of discrimination.

Schools had even seen a rise in hate crimes predating the current spike in Islamophobia and antisemitism. Some 842 hate crimes occurred at elementary or secondary schools in 2022, according to the FBI’s latest hate crimes statistics report. That’s nearly 300 more than in 2021.

“Hate-based discrimination, including based on antisemitism and Islamophobia among other bases, have no place in our nation’s schools,” Lhamon said in the “Dear Colleague” letter.

Outside of school campuses, the recent rise in Islamophia and antisemitism has been perhaps most prominently marked by the stabbing death of a 6-year-old Palestinian-American boy in Illinois and the stabbing of his mother.

See Also

Left: Protesters wave Israeli flags during a rally in support of Israel and against Hamas' attack on Oct. 9, 2023 in Beverly Hills, Calif. Right: Palestinian supporters chant as they march during a protest at Columbia University on Oct. 12, 2023, in New York.
Left: Protesters wave Israeli flags during a rally in support of Israel and against Hamas' attack on Oct. 9, 2023 in Beverly Hills, Calif. Right: Palestinian supporters march during a protest at Columbia University on Oct. 12, 2023, in New York.
Left: Ryan Sun; Right: Yuki Iwamura/AP

What the law says

Public schools are required to provide all students with an environment free from discrimination based on race, color, or national origin under Title VI of the Civil Rights Act of 1964, the letter noted.

Schools that receive federal funding must address discrimination against students of any religious group when it involves “racial, ethnic, or ancestral slurs or stereotypes,” according to the letter. They must also address discrimination based on a student’s skin color, physical features, or style of dress that reflects ethnic or religious traditions and any discrimination “based on where a student came from or is perceived to have come from.” That extends to discrimination based on a student’s accent, name, or use of a foreign language.

Schools are required to take immediate action to address any sort of harassment related to race, religion, and ethnicity that creates a hostile environment, even if the conduct isn’t directed at a specific individual, the letter said. The Education Department’s office for civil rights interprets federal law to define a hostile environment as any unwelcome conduct based on shared ancestry or ethnic characteristics that is subjectively and objectively offensive and so pervasive that it denies a student the ability to benefit from or participate in an education program or activity.

The department’s May letter reminding schools about their responsibilities to address antisemitism included a fact sheet with examples of incidents that would prompt the office for civil rights to investigate a school for a potential violation of federal civil rights law.

For example, if a student informed a teacher that classmates routinely placed notes with swastikas on their backpack, performed Nazi salutes, and made jokes about the Holocaust, and the teacher responded, “Just ignore it,” without taking any action to address or stop the harassment, that would be a violation of the law.

See Also

The U.S. Department of Education, in Washington, D.C., pictured on February 21, 2021.
The U.S. Department of Education, in Washington, D.C., pictured on February 21, 2021. The office for civil rights within the federal Education Department is responsible for resolving complaints of discrimination and enforcing civil rights laws.
Graeme Sloan/Sipa USA via AP Images

If a school failed to address reports of students telling their Muslim classmates “You started 9/11,” or calling them a “terrorist,” that would also violate Title VI, according to the fact sheet.

Events

School & District Management Webinar Crafting Outcomes-Based Contracts That Work for Everyone
Discover the power of outcomes-based contracts and how they can drive student achievement.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Harnessing AI to Address Chronic Absenteeism in Schools
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by Panorama Education
School & District Management Webinar EdMarketer Quick Hit: What’s Trending among K-12 Leaders?
What issues are keeping K-12 leaders up at night? Join us for EdMarketer Quick Hit: What’s Trending among K-12 Leaders?

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal What a National School Choice Program Under President Trump Might Look Like
School choice advocates—and detractors—see a second Trump term as the biggest opportunity in decades for choice at the federal level.
8 min read
President Donald Trump listens during a "National Dialogue on Safely Reopening America's Schools," event in the East Room of the White House, on July 7, 2020, in Washington.
President Donald Trump listens during a "National Dialogue on Safely Reopening America's Schools," event in the East Room of the White House on July 7, 2020, in Washington. He returns to power with more momentum than ever behind policies that allow public dollars to pay for private school education.
Alex Brandon/AP
Federal Trump's Education Secretary Pick Is Linda McMahon, Former WWE CEO
McMahon led the Small Business Administration in Trump's first term and is co-chair of the president-elect's transition team.
6 min read
Small Business Administration Administrator Linda McMahon speaks during a news conference with President Donald Trump in Trump's Mar-a-Lago estate in Palm Beach, Fla., Friday, March 29, 2019.
Then-SBA Administrator Linda McMahon speaks during a news conference with President Donald Trump at Trump's Mar-a-Lago estate in Palm Beach, Fla., Friday, March 29, 2019. Trump has tapped McMahon to serve as education secretary in his second term.
Manuel Balce Ceneta/AP
Federal What Could RFK Jr. as HHS Secretary Mean for School Vaccine Requirements?
The vaccine skeptic in line to lead the mammoth federal agency could influence schools' vaccine rules, even though they're set by states.
6 min read
Robert F. Kennedy, Jr., speaks before Republican presidential nominee former President Donald Trump at a campaign event, Friday, Sept. 27, 2024 in Walker, Mich.
Robert F. Kennedy, Jr., speaks before President-elect Donald Trump at a campaign event on Sept. 27, 2024 in Walker, Mich. Trump has selected Kennedy to serve as secretary of health and human services in his second term.
Carlos Osorio/AP
Federal Can Trump Force Schools to Change Their Curricula?
Trump's bid to take money from schools that teach "critical race theory" or pass policies for transgender kids raises legal complexities.
9 min read
Republican presidential nominee former President Donald Trump speaks on crime and safety during a campaign event at the Livingston County Sheriff's Office, Tuesday, Aug. 20, 2024, in Howell, Mich.
Republican presidential nominee former President Donald Trump speaks on crime and safety during a campaign event at the Livingston County Sheriff's Office, Tuesday, Aug. 20, 2024, in Howell, Mich.
Evan Vucci/AP