The U.S. Department of Education’s (Department’s) Office for Civil Rights (OCR) today released a Dear Colleague Letter to schools specifying with concrete examples the application of Title VI of the Civil Rights Act of 1964 to allegations of discrimination in schools based on shared ancestry or ethnic characteristics, including discrimination against students and school community members who are or are perceived to be Jewish, Israeli, Muslim, Arab, Sikh, South Asian, Hindu, or Palestinian.
This letter comes as President Biden is delivering remarks today about antisemitism at the U.S. Holocaust Memorial Museum’s Days of Remembrance commemoration.
“I continue to be deeply concerned by the repeated reports of antisemitic and anti-Israeli, anti-Muslim, anti-Arab, and anti-Palestinian harassment on our campuses and in our communities. These incidents are abhorrent, period. There is nothing more important than making sure students feel safe on campus,” said U.S. Secretary of Education Miguel Cardona. “The Administration will continue to develop and provide resources and support to ensure safe, supportive school environments. The Department will investigate and address any possible discrimination that causes harm to students and we will continue to remind schools of their responsibilities to enforce Title IV.”
This Dear Colleague Letter is the latest in a series of recent guidance documents on this topic and a key component of the Biden-Harris Administration’s U.S. National Strategy to Counter Antisemitism and the forthcoming National Strategy to Counter Islamophobia and Related Forms of Bias and Discrimination. On Friday, Secretary Cardona sent a letter to all college and university presidents offering resources and guidance in the midst of increased antisemitism and widespread college protests on campus.
Today’s letter provides information on the legal analyses that OCR uses to determine whether discrimination exists, and it provides examples of conduct that, depending on facts and circumstances, could raise concerns under Title VI and its implementing regulations.
Schools that receive federal financial assistance from the Department have a legal responsibility to address discrimination against students, including Jewish, Israeli, Muslim, Arab, Sikh, South Asian, Hindu, and Palestinian students, when the discrimination involves racial, ethnic, or ancestral slurs or stereotypes; is based on a student’s skin color, physical features, or style of dress that reflects both ethnic and religious traditions; or is based on the country or region where a student is from or is perceived to have come from, including, for example, discrimination based on a student’s accent or name, a student’s limited English proficiency, or a student speaking a language other than English.
“OCR designed this resource to help school communities know how to ensure every student has equal access to education without a hostile environment based on negative stereotypes or bias about where their families come from,” said Assistant Secretary for Civil Rights Catherine E. Lhamon.
In addition to today’s letter, OCR has issued other resources to support schools in complying with their obligations under Title VI. These resources include:
- Dear Colleague Letter: Addressing Discrimination Against Jewish Students.
- Dear Colleague Letter on Addressing Discrimination Against Muslim, Arab, Sikh, South Asian, Hindu, and Palestinian Students.
- Dear Colleague Letter: Discrimination, including Harassment, Based on Shared Ancestry or Ethnic Characteristics Fact Sheet Protecting Students from Discrimination Based on Shared Ancestry or Ethnic Characteristics.
These resources are available on the Shared Ancestry or Ethnic Characteristics page of OCR’s website. Information about recently resolved complaints under Title VI, including complaints alleging discrimination based on shared ancestry or ethnic characteristics, is available here.