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

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 Climate & Safety Webinar
Belonging as a Leadership Strategy for Today’s Schools
Belonging isn’t a slogan—it’s a leadership strategy. Learn what research shows actually works to improve attendance, culture, and learning.
Content provided by Harmony Academy
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
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus
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
Artificial Intelligence Webinar
Beyond Teacher Tools: Exploring AI for Student Success
Teacher AI tools only show assigned work. See how TrekAi's student-facing approach reveals authentic learning needs and drives real success.
Content provided by TrekAi

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 Will the Ed. Dept. Act on Recommendations to Overhaul Its Research Arm?
An adviser's report called for more coherence and sped-up research awards at the Institute of Education Sciences.
6 min read
The U.S. Department of Education building is pictured on Oct. 24, 2025, in Washington, D.C.
The U.S. Department of Education building in Washington is pictured on Oct. 24, 2025. A new report from a department adviser calls for major overhauls to the agency's research arm to facilitate timely research and easier-to-use guides for educators and state leaders.
Maansi Srivastava for Education Week
Federal Trump Talks Up AI in State of the Union, But Not Much Else About Education
The president didn't mention two of his cornerstone education policies from the past year.
4 min read
President Donald Trump enters to deliver the State of the Union address to a joint session of Congress in the House chamber at the U.S. Capitol in Washington, Tuesday, Feb. 24, 2026.
President Donald Trump enters to deliver the State of the Union address to a joint session of Congress in the House chamber at the U.S. Capitol in Washington, Tuesday, Feb. 24, 2026. The president devoted little time in the speech to discussing his education policies.
Kenny Holston/The New York Times via AP, Pool
Federal Education Department Will Send More of Its Programs to Other Agencies
Education grants for school safety, community schools, and family engagement will shift to Health and Human Services.
4 min read
Various school representatives and parent liaisons attend a family and community engagement think tank discussion at Lowery Conference Center on March 13, 2024 in Denver. One of the goals of the meeting was to discuss how schools can better integrate new students and families into the district. Denver Public Schools has six community hubs across the district that have serviced 3,000 new students since October 2023. Each community hub has different resources for families and students catering to what the community needs.
A program that helps state education departments and schools improve family engagement policies is among those the Trump administration will transfer from the U.S. Department of Education to the U.S. Department of Health and Human Services. In this photo, school representatives and parent liaisons attend a family and community engagement discussion on March 13, 2024, in Denver to discuss how schools can better integrate new students and families into the district.
Rebecca Slezak For Education Week
Federal New Trump Admin. Guidance Says Teachers Can Pray With Students
The president said the guidance for public schools would ensure "total protection" for school prayer.
3 min read
MADISON, AL - MARCH 29: Bob Jones High School football players touch the people near them during a prayer after morning workouts and before the rest of the school day on March 29, 2024, in Madison, AL. Head football coach Kelvis White and his brother follow in the footsteps of their father, who was also a football coach. As sports in the United States deals with polarization, Coach White and Bob Jones High School form a classic tale of team, unity, and brotherhood. (Photo by Jahi Chikwendiu/The Washington Post via Getty Images)
Football players at Bob Jones High School in Madison, Ala., pray after morning workouts before the rest of the school day on March 29, 2024. New guidance from the U.S. Department of Education says students and educators can pray at school, as long as the prayer isn't school-sponsored and disruptive to school and classroom activities, and students aren't coerced to participate.
Jahi Chikwendiu/Washington Post via Getty Images