Chapter 4
How to Obtain & Review Anti-Discrimination Policies (including policies on Antisemitism)
Overview:
Schools must comply with state and federal laws like Title VI of the Civil Rights Act, prohibiting discrimination based on race, color, or national origin, which includes antisemitism. Recent federal actions have emphasized addressing antisemitism in schools.
Legal Framework:
The legal foundation for anti-discrimination policies in U.S. public schools rests on federal civil rights statutes, enforced by the U.S. Department of Education’s Office for Civil Rights (OCR). These protections apply to every school receiving federal funding and bar discrimination, including harassment that creates a hostile learning environment. Under Title VI, antisemitism is recognized as discrimination based on shared ancestry or ethnic identity. State laws build on these federal safeguards, sometimes adopting definitions such as the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism, and may provide additional avenues for lawsuits or enhanced protections. As of August 2025, the Trump administration has escalated federal action in this area, issuing executive orders and pursuing investigations into districts accused of failing to address antisemitic incidents.
As of 2024-2025, federal guidance has strengthened enforcement: The U.S. Department of Education issued directives in March 2025 requiring schools to comply with parental rights in discrimination complaints, and the Trump administration's January 2025 executive order emphasized investigations into radical indoctrination, including antisemitic content in curriculums.
What to ask for (at the district level):
The full anti-discrimination policy, including definitions of discrimination, harassment, intimidation, and bullying.
Any and all policies, rules, or regulations about discrimination, harassment, intimidation, and bullying.
Specific policies on antisemitism, such as adoption of the IHRA working.
Reporting and investigation procedures, including timelines, appeals, and remedies.
Staff and student training materials on anti-discrimination, including antisemitism awareness.
Data on past complaints, resolutions, and disciplinary actions related to discrimination.
Any code of conduct, student handbook sections, or board resolutions addressing these issues.
-
Basic resources may be available online, Check the school or district website for the student handbook, code of conduct, or policy section - these often include anti-discrimination policies. Search for “anti-bullying,” “harassment,” “intimidation,” “diversity,” or “Title VI” policies, as antisemitism may fall under broader categories like shared ancestry discrimination.
Request specific policies. Email or submit a written request to the principal, superintendent, compliance officer, or Title VI coordinator, referencing federal laws (e.g., Title VI) and state requirements. Ask for definitions, reporting procedures, training materials, and whether the IHRA definition is used. See above.
If the requested information is not provided, file a request under the state’s freedom of information law.
What to look for:
Overall, evaluate policies for comprehensiveness using OCR criteria: clear definitions, prompt investigations, and protections.
Is antisemitism explicitly included? Does it include IHRA examples like anti-Zionism manifesting as denial of Jewish rights?
What is prohibited conduct? Do the policies include examples of harassment (verbal, physical, online), hostile environments, and retaliation?
Where do these policies apply (on campus only, at off-campus school events, off-campus)?
Are there clear reporting channels, anonymous reporting options, investigation timelines, appeals, and remedies (e.g., counseling, discipline)/
What are the requirements for staff/student education? Are there cultural competency programs and annual reviews?
What are the mechanisms for tracking complaints? Is there transparency in outcomes?
Look for vague language, lack of the IHRA definition of antisemitism, or exemptions that could allow discrimination (e.g., free speech defenses for aggressive conduct).
What to do if your request is denied:
Appeal to the superintendent or school board, citing Title VI and potential OCR violations. Attend a board meeting to raise the issue publicly.
File a complaint with the OCR within 180 days using their online form; include evidence of denial as retaliation or non-compliance. For state-specific issues, contact your state education agency or attorney general.
Keep records of all communications.
If systemic, report to the DOJ’s Civil Rights Division for investigation and action.
If a freedom of information act request for policies is denied, it may be possible to pursue civil action.
