DISCLAIMER. This document is provided as a public service and for informational purposes only. It is not intended to consist of, nor shall it be construed to contain, any legal advice. Additionally, no statements or interpretation of law contained herein shall be deemed binding on the contributors to this guide.
As parents, discovering that your child is experiencing antisemitism at school can be deeply unsettling. Every child has the right to learn in an environment free from discrimination, and it is crucial to know how to ensure your child’s safety. In this post we hope to provide an overview of the resources and strategies available to help you effectively combat antisemitism in your kids’ schools, as we’ve fielded a variety of inquiries from families faced with continued antisemitic/pro-Hamas advocacy in our community.
Understanding Your Rights and the School's Responsibilities
According to the Office for Civil Rights (OCR) of the Department of Education, educational institutions are legally required to protect every student's right to a safe learning environment free from unlawful discrimination. This responsibility includes preventing and addressing discrimination based on race, color, national origin, and religion, as outlined under Title VI of the Civil Rights Act of 1964. For Jewish students, this includes protection against antisemitism, which can be discrimination based on race, religion, or the combination of the two.
The Growing Problem of Antisemitism in Schools
Recent reports indicate a troubling rise in antisemitic incidents in schools across the Front Range. Unfortunately, many of these incidents go unreported and school responses to such events remain inadequate. Some of the key issues contributing to this problem include:
Inadequate Response to Discrimination: Schools often treat incidents of racial or religious discrimination as mere bullying, which limits the scope of investigation and fails to capture the broader issue of systemic discrimination. Additionally, school administrators may be incentivized to downplay incidents to avoid negative publicity, as we saw in 2021 when a lawsuit alleging a “sexually hostile culture” was brought against a Boulder high school.
Lack of an Effective Holocaust Education: While Colorado law mandates Holocaust education in high schools, it is unclear if this education is effective. In some cases, the way Holocaust education is framed may even be counterproductive, confusing students even more about the events themselves and the values which motivated them.
Fear of Retaliation: Many parents are hesitant to speak out about antisemitism for fear of being labeled as troublemakers. Those who do challenge the system often find they must resort to legal action to get a response from school administrators, which has its own costs and challenges.
Unavailability of Anonymous Reporting: Although anonymous reporting options purportedly exist, they are often not truly anonymous. Incidents often occur between only a few people. So if the offender is faced with an accusation from the school or the district, it is not hard to work out who reported the incident and to retaliate. This will often deter students and their parents from saying anything at all.
Superficial Responses: Some districts may appear to address antisemitism, but their actions lack substance and fail to create meaningful change. Their priorities are more the appearance of virtue and improvement rather than an actual acknowledgement of failure in this area and a commitment to solve the problem.
Promoting Change: Strategies for Parents
To effectively address antisemitism in schools, it is crucial to take proactive steps. Here are some strategies parents can consider:
Report Antisemitic Harassment When It Occurs: Boulder Valley School District (BVSD) provides a discrimination report form on its website here. If your school district doesn’t have something similar, there are still ways to get the word out. Contact your school administrators directly, or (if you can) district administrators. Another great resource is Safe2Tell, which is an independent, non-profit organization dedicated helping students who truly feel threatened or in danger connect to those who can help. Safe2Tell provides a report form here. Finally, do not forget to file a report within 180 days of an incident, either with your local OCR enforcement office or the DOJ.
Advocate for Comprehensive Training
High Schools: Ensure that the required Holocaust education under HB 20-1336 is effectively implemented.
Middle Schools: Promote the use of the Anti-Defamation League’s "Words to Action" program, which educates students about antisemitism.
Teachers and Administrators: Advocate for training through organizations like Project Shema, which focuses on understanding and addressing antisemitism, as well as the history of European Antisemitism in particular.
Shine a Light on Incidents and Reporting Issues
Public Records Requests: consider submitting requests under the Colorado Open Records Act (CORA) to uncover unreported antisemitic incidents or those mislabeled as bullying.
Policy Improvements: Work towards improving policies like BVSD’s Policy AC and AC-R (Anti-Discrimination) and JDHB-E (Bullying) to ensure they effectively address antisemitism.
Seek Legal Counsel: If your legal rights are wrongly being undermined by school administrators, don’t be afraid to get help from an attorney or organization who can advocate for your rights under the law. Many attorneys are specifically equipped for cases concerning civil rights law such as Paula Greisen, or education law such as Igor Raykin. Another helpful resource is the Brandeis Center, which is an advocacy group for the civil rights of Jews. We haven’t worked with them before, but we hear that they can assist you with such issues.
Review Other Resources: The Colorado Department of Education has a list of useful resources for those seeking to counter antisemitism and Islamophobia.
Next Steps for Parents and Communities
To effect change in your district, consider taking these steps:
Collaborate with School Officials: Engage with key personnel at the district level.
Establish Independent Reporting Channels: Encourage community leaders to set up independent reporting mechanisms that ensure anonymity and accountability.
Advocate for Stronger Training Programs: Push for more robust training on antisemitism for students, teachers, and administrators, possibly in partnership with organizations like Project Shema.
Organize and Stay Informed: Schedule regular meetings with other concerned parents and community members to keep momentum going and ensure that school districts are held accountable.
Keep an Eye on Litigation: There have been a variety of lawsuits brought against institutions of higher education or school districts that may serve as a guide for next steps. These include:
US Education Department OCR Investigation of the Kyrene (Tempe) School District.
By taking these proactive steps, parents can help create safer, more inclusive educational environments for all students. It’s essential to remember that while the road to change may be challenging, your advocacy is crucial in combating antisemitism and ensuring that all children have the opportunity to learn in a safe and supportive environment.
If you have any additional questions, please contact us.
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