The U.S. Department of Education Office for Civil Rights (“OCR”) issued a Dear Colleague letter on November 7, 2023, reminding K-12 schools of their responsibility to ensure nondiscriminatory environments under Title VI of the Civil Rights Act of 1964.
With an alarming rise of antisemitic incidents and threats to Jewish, Israeli, Muslim, Arab, and Palestinian students on both college and K-12 campuses, K-12 schools must remain committed to providing all students a school environment free from discrimination based on race, color, or national origin, including shared ancestry or ethnic characteristics. The letter makes clear that schools are under a legal obligation to address prohibited discrimination against students and others on campus – including those who are or are perceived to be Jewish, Israeli, Muslim, Arab, or Palestinian.
Title VI’s protection from race, color, and national origin discrimination extends to students who experience discrimination, including harassment, based on their actual or perceived: (i) shared ancestry or ethnic characteristics; or (ii) citizenship or residency in a country with a dominant religion or distinct religious identity.
The letter explains that schools that receive federal financial assistance have a responsibility to address discrimination against Jewish, Muslim, Sikh, Hindu, Christian, and Buddhist students, or those of another religious group, when the discrimination involves racial, ethnic, or ancestral slurs or stereotypes; when the discrimination is based on a student’s skin color, physical features, or style of dress that reflects both ethnic and religious traditions; and when the discrimination is based on where a student came from or is perceived to have come from, including discrimination based on a student’s foreign accent; a student’s foreign name, including names commonly associated with particular shared ancestry or ethnic characteristics; or a student speaking a foreign language.
School districts that may have questions regarding their obligations under Title VI should reach out to their legal counsel for support. Additionally, OCR has developed a variety of resources, including a Dear Colleague Letter and Fact Sheet, to help inform school communities that receive federal financial assistance from the Department of their obligation to maintain educational environments free from discrimination. Resources are also available on the Shared Ancestry or Ethnic Characteristics page of OCR’s website.