K-12 Administrators: A Guide to Responding to Discrimination

Incidents of discrimination, including antisemitism, can harm students, disrupt learning, and undermine a safe, inclusive school environment.

When an incident occurs, schools should respond quickly to stop the behavior, address its impact, restore equal access to education, and help prevent it from happening again. Every situation is different, and the right response will depend on factors such as the type of school, the nature of the incident, the age of the students involved, and school policies. The goal is always the same: ensuring every student feels safe, supported, and able to fully participate in school life.

This guide provides practical steps for public and independent school leaders to assess and respond to incidents of discrimination. It is organized into three sections:

1. Immediate Response

2. Investigation and Accountability

3. Remediation, Prevention, and School Climate

Looking for guidance on preventing antisemitism before incidents occur? Explore AJC’s Action Plans for Confronting Antisemitism in Our Schools for public and independent school administrators.

This guidance is not legal advice. Schools should consult legal counsel when evaluating specific situations.

The legal obligations of public and independent schools differ based on factors such as school type, location, and funding.

Public K–12 schools are government entities and must comply with the U.S. Constitution, including protections for free speech, religious freedom, and equal protection under the law. They are also subject to Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin by recipients of federal funding. The U.S. Department of Education's Office for Civil Rights (OCR) has interpreted Title VI to include certain forms of antisemitic discrimination when it is based on shared ancestry or ethnic characteristics. Schools must apply Title VI in a manner that is consistent with First Amendment protections and other constitutional rights.

Independent K–12 schools are generally not subject to the U.S. Constitution or Title VI unless required by other applicable laws or funding requirements. However, many independent schools voluntarily adopt policies that reflect constitutional principles, including protections for free speech and religious expression, and may choose to align their nondiscrimination policies with Title VI.

For more information, please see OCR guidance: Dear Colleague Letter: Protecting Students from Discrimination, such as Harassment, Based on Race, Color, or National Origin, Including Shared Ancestry or Ethnic Characteristics.

The remainder of this guidance highlights steps consistent with the U.S. Constitution and Title VI.

Intervene to Stop Discrimination and Support Students

• If discriminatory conduct is witnessed by or otherwise known to the school (e.g., a teacher observes a student physically assault another student while using an antisemitic slur), school personnel should intervene immediately to stop the behavior.
• If the incident involves vandalism or graffiti, promptly document the scene (e.g., take photographs) and then clean it up.
• If a student is victimized:
  • Promptly notify the student’s parent or guardian. 
  • Confirm that the student is physically and emotionally safe.
  • Ensure the family understands how to report additional concerns, that copies of relevant nondiscrimination policies and procedures are provided, and that the school’s next steps are explained.
  • Offer supportive measures as needed. Supportive measures are individualized steps to ensure equal access to education without unreasonably burdening any individual. They may include counseling, academic adjustments (such as extended time to complete assignments or exams), safety planning, or other appropriate support. These measures should be offered even while an investigation is ongoing.
• In cases involving violence, threats, or other potential criminal conduct, consider involving school resource officers or law enforcement, consistent with school policy.

Communicate Clearly and Responsibly

When an incident affecting students becomes public (e.g., through news or social media), or otherwise impacts the broader school community, schools should communicate to stakeholders as clearly and transparently as possible, consistent with legal and policy requirements. School communications, whether internal or external, should directly acknowledge the seriousness of the incident.

Internal Staff Communication

• Provide staff with guidance on managing classroom discussions about the incident and responding to student questions or reactions.
• Reinforce expectations for maintaining respectful classroom environments and appropriate student conduct.
• Clarify staff obligations to report discrimination they observe or that is reported to them.
• Outline next steps, including administrative responsibilities for investigation and, as appropriate, remediation.

Student, Parent, and Community Communication

• Communicate without delay to the school community to get ahead of rumors and reassure school community members that the school is handling the issue.
• Describe the incident directly and accurately. For example, rather than stating “an incident occurred,” state “an incident occurred involving antisemitic graffiti in the high school building.”
• Affirm that the school will address the incident in accordance with all applicable policies.
• Where facts are confirmed, condemn the behavior unequivocally.
• Reaffirm the school’s values and commitment to safety and belonging, as well as to First Amendment rights, without minimizing the seriousness of the incident.
• Acknowledge the harm to affected individuals and communities.
• Provide information on relevant nondiscrimination policies, reporting processes, and points of contact.
• Outline immediate and next steps, within the limits of applicable privacy requirements, and indicate that follow-up communication will be provided.

Apply Relevant Policies

Schools should identify and follow all applicable policies. Depending on the nature of the incident, these may include:

• Civil rights and nondiscrimination policies
• Student conduct and discipline policies
• Employee and personnel policies
• Speech, expression, and academic freedom policies
• Curriculum, classroom management, and controversial issues policies
• Technology and social media use policies
• Visitor and parent policies

If there is uncertainty about which policies apply, how to resolve potential conflicts, or whether policies are missing, consult legal counsel.

Investigate and Document the Incident & Determine Outcome Based on Facts

Most incidents of alleged discrimination require some level of investigation and documentation. The scope of an investigation will depend on factors such as the nature of the allegation, the connection between the incident and school programs, and the age of the students involved. In all cases, the investigation should establish a clear record of what occurred and inform the school’s response.

If policies specify investigative procedures, follow them. Best practices include:

• Ensuring that individuals responsible for investigating or making determinations are properly trained and impartial. This includes the ability to assess facts without bias or conflicts of interest and an understanding of how discrimination may manifest, including relevant histories and tropes that affect specific groups. 
  • For information about antisemitism, see AJC’s Translate Hate glossary of antisemitic terms, concepts, and tropes. 
  • Note that AJC can provide in-person educational programming about Jewish identity and how antisemitism can manifest in school spaces. 
• Conducting timely, well-documented interviews with relevant individuals, including affected students, alleged perpetrators, and any witnesses (students or staff).
• Assessing the impact on affected individuals and, where relevant, the wider school environment.
• Collecting and preserving evidence, such as photographs, screenshots, security footage, emails, or written notes, including documenting time, date, and source.
• Analyzing any school policies, practices, curriculum, or decisions alleged to have caused discrimination.
• Considering whether the incident is part of a broader pattern related to the same protected class, which may indicate a hostile environment.
• Making a written determination, where appropriate and consistent with policy, as to whether a policy violation occurred, and communicating that determination to relevant parties as required.

If discrimination has occurred—whether observed directly by the school or identified through an investigation—schools should respond promptly and consistently with their policies. 

The appropriate response will depend on the nature of the incident and the age of the students involved. In most cases, the response will include a combination of consequences for those responsible and remedies for those harmed. When an incident reflects or affects broader school climate, school leaders should also take additional steps—either as part of the remedy or as ongoing prevention efforts—to address underlying causes and reduce the risk of recurrence.

For students, staff, or others who engaged in discrimination or harassment

• Apply appropriate consequences and, where appropriate, restorative or educational interventions to ensure the behavior or practice stops.
• If the behavior or practice is likely to be repeated by others in a similar position (e.g., students or staff in the same department), take similar steps to clarify behavioral expectations, such as providing training, communication, or a policy change.

For students who experienced discrimination

• Provide individualized remedies to support the student’s continued participation in school. These may include counseling, schedule adjustments, a safety plan, or restorative opportunities (when appropriate, based on age and context), as well as other supports tailored to the student’s needs.
• Ensure that remedies do not unreasonably burden the harmed student. For example, if a class change is needed for safety, it should be made—whenever possible—to the schedule of the responsible student, rather than the affected student.
• Periodically review the effectiveness of supports and adjust as needed to ensure the student’s ongoing access and well-being.

For the broader school community

• Assess the incident's broader impact using tools such as climate surveys, focus groups with students, staff, and families, and a review of past complaints.
• Provide targeted training or facilitated discussions, as appropriate, to reinforce expectations around nondiscrimination and civil rights.
• Implement educational strategies that strengthen dialogue and relationships across differences, such as facilitated discussions, advisory programming, peer leadership initiatives, or curriculum-based learning opportunities. 
• Follow up with the school community after the initial response to ensure continued support and improvement.

For the school or district

• Review nondiscrimination and related policies to ensure they are clear, aligned, and legally compliant. Revise or adopt policies as needed to address gaps.
• Ensure reporting procedures are clear, accessible, and allow for both anonymous and non-anonymous reports. Identify a point of contact and clearly outline the steps the school will take after a report is made.
• Protect against retaliation toward individuals who report discrimination or participate in an investigation.
• Provide ongoing training for staff and administrators on policy compliance, effective response, and prevention, including education on discrimination affecting specific groups.
• Regularly communicate policies and procedures to the school community.
• Identify and engage external partners who can provide additional expertise, training, or support.1

• Immediate Response (First 24–48 Hours): Safety, Access, and Communication
  • Intervene to stop discrimination and support students
  • Communicate clearly and responsibly
    • Internal staff communication
    • Student, parent, and community communication
• Investigation and Accountability: Determine Facts and Outcome
  • Apply relevant policies
  • Investigate and document the incident
  • Determine the outcome based on the facts
• Remediation, Prevention, and School Climate: Training, Policy, Culture-Building
  • For students, staff, or others who engaged in discrimination or harassment
  • For students who experienced discrimination or harassment
  • For the school or district
  • For the broader school community