The Federal Department of Education’s Office of Civil Rights Reacts to Rising Discrimination Reports by Reminding Schools of their Responsibility to Provide Students a Discrimination-Free School Environment
Responding to “a nationwide rise in complaints of discrimination against students, including against Muslim, Arab, Sikh, South Asian, Hindu, and Palestinian students in schools,”[1] the U.S. Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague letter in March 2014 reminding schools that they have a “legal obligation under Title VI of the Civil Rights Act of 1964 . . . to provide all students a school environment free from discrimination.”
What type of behavior violates Title VI?
Both behaviors directed at individuals and unwelcome conduct that creates a hostile environment are prohibited.
On an individual level, this could include harassment or discrimination based on actual or perceived ancestry, such as offensive comments or discrimination based on a student’s:
- Physical characteristics
- Skin color
- Ethnic or religious clothing
- Accents, limited English proficiency, or fluency in another language
- Name
- County or region of origin
Such behavior, even when not directed at a specific student, can create a hostile environment which, if severe or pervasive, can effectively deny a student’s ability to benefit from or participate in the school environment.
What must schools do?
Schools must take prompt and effective action to respond to harassment that creates a hostile environment. The OCR highlights school’s longstanding legal duties to “take reasonable steps to eliminate’ racial harassment in schools. The OCR has resources available for schools on the Shared Ancestry or Ethnic Characteristics page of their website and offers training to schools and communities.
What can parents do if they believe their child is facing discrimination in their school?
The OCR will investigate reports of discrimination and harassment and evaluate whether schools are meeting their obligations to end harassment and eliminate hostile environments. If you have questions about the legal rights of you or your student, you can contact the School Law Center for legal advice based on your situation and guidance for how to ensure your child can access public education benefits free from discrimination.
[1] U.S. Department of Education Office for Civil Rights, Dear Colleague Letter: Addressing Discrimination Against Muslim, Arab, Sikh, South Asian, Hindu, and Palestinian Students, OCR-00140 (Mar. 14, 2024).