Harassment Based on Race, Color, or National Origin

Resolving a Hostile Environment Under Title VI: Discrimination Based on Race, Color, or National Origin, Including Shared Ancestry or Ethnic Characteristics

This resource assists school communities in understanding their obligations under Title VI of the Civil Rights Act of 1964 (Title VI) and discusses some considerations for schools when taking action to remediate a hostile environment under Title VI. The existence of a hostile environment based on race, color, or national origin that is created, encouraged, accepted, tolerated, or left uncorrected by a school can constitute discrimination in violation of Title VI. When a school is taking action to remediate a hostile environment, just as when taking any other action, Title VI prohibits the school from discriminating against students on the basis of race, color, or national origin.

• Resolving a Hostile Environment Under Title VI (PDF)(408K)

Resource on Avoiding the Discriminatory Use of Artificial Intelligence 

This resource assists school communities with ensuring that artificial intelligence (AI) is used in a nondiscriminatory manner in the nation’s elementary and secondary schools and institutions of higher education consistent with federal civil rights laws. The resource makes clear that AI technologies have the potential to enhance opportunities and increase educational equity for all students, but that at the same time, the growing use of AI in schools, including for instructional and school safety purposes, and AI’s ability to operate on a mass scale can create or contribute to discrimination. The resource provides information on the legal analyses that OCR uses to determine whether discrimination exists, and provides examples of conduct that could, depending on facts and circumstances, present OCR with sufficient reason to open an investigation.

• Avoiding the Discriminatory Use of Artificial Intelligence PDF (554K)

Fact Sheet: Harassment based on Race, Color, or National Origin on School Campuses

This fact sheet reminds schools of their federal civil rights obligations under Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations to take prompt and effective action to respond to harassment that creates a hostile environment. The fact sheet describes how OCR determines the existence of a hostile environment and details schools' obligations to address and remedy a hostile environment. The fact sheet also provides hypothetical examples to help schools assess their Title VI obligations, including the requirement to promptly and effectively address alleged acts of discrimination, including harassment.

• Fact Sheet: Harassment based on Race, Color, or National Origin on School Campuses PDF (427K)

Dear Colleague Letter: Protecting Students from Discrimination, such as Harassment, Based on Race, Color, or National Origin, including Shared Ancestry or Ethnic Characteristics

The Dear Colleague Letter shares resources about federal civil rights obligations of schools and other recipients of federal financial assistance from the U.S. Department of Education to ensure nondiscrimination based on race, color, or national origin under Title VI of the Civil Rights Act of 1964 and its implementing regulations, specifically with respect to students and school community members who are or are perceived to be Jewish, Israeli, Muslim, Arab, Sikh, South Asian, Hindu, or Palestinian or students of any other faith or whose families come from any other region of the world. This guidance responds to recent increases in complaints filed with OCR raising these issues as well as to public reports of discrimination on these bases in schools serving students in preschool through grade 12 and colleges and universities throughout the country.

This letter is one component of the Biden-Harris Administration's National Strategy to Counter Antisemitism and the forthcoming National Strategy to Counter Islamophobia and Related Forms of Bias and Discrimination.

• Dear Colleague Letter on Protecting Students from Discrimination, such as Harassment, Based on Race, Color, or National Origin, including Shared Ancestry or Ethnic Characteristics PDF (410K)

Fact Sheet: Ensuring Educational Opportunities for All Students on Equal Terms 70 Years After Brown v. Board of Education

This fact sheet highlights that in 1954 in Brown v. Board of Education, the U.S. Supreme Court unanimously held that legally mandated racial segregation of children in public schools is unconstitutional, The fact sheet explains that student access to education and to educational resources, differs by race, color, and national origin in schools across the United States. and summarizes resources describing federal legal obligations to ensure that all students have equal access to education regardless of race, color, or national origin.

• Ensuring Educational Opportunities for All Students on Equal Terms 70 Years After Brown v. Board of Education PDF (105K)

Dear Colleague Letter on Race and School Programming

This resource clarifies the circumstances under which recipients of federal financial assistance from the Department can — consistent with Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations — develop curricula and programs or engage in activities that promote racially inclusive school communities. It explains that schools may be in violation of Title VI when they separate students based on race even if programming for each group is identical. Schools also may be in violation of Title VI when they create, encourage, accept, tolerate, or fail to correct a racially hostile educational environment.

• "Dear Colleague" Letter PDF (638K)

Fact Sheet: Protecting Students from Discrimination Based on Shared Ancestry or Ethnic Characteristics  

This fact sheet shares information about protections for all students, including students belonging to any religious group, from discrimination under Title VI of the Civil Rights Act of 1964 based on shared ancestry or ethnic characteristics.

• Fact Sheet: Protecting Students from Discrimination Based on Shared Ancestry or Ethnic Characteristics PDF (297K)

Guidance on Schools’ Obligations to Protect Students from Student-on-Student Harassment on the Basis of Sex; Race, Color and National Origin; and Disability

“Dear Colleague” letter from Assistant Secretary for Civil Rights, Russlynn Ali, concerning recipients' obligations to protect students from student-on-student harassment on the basis of sex; race, color and national origin; and disability. The letter clarifies the relationship between bullying and discriminatory harassment, provides examples of harassment, and illustrates how a school should respond in each case.

• "Dear Colleague" letter PDF (166K)

Guidance on Title VI and Title IX Religious Discrimination in Schools and Colleges 

"Dear Colleague" letter addressing the right of all students, including students of faith, to be free from discrimination in our schools and colleges under Title VI of the Civil Rights Act of 1964 and IX of the Education Amendments Act of 1972, in cases where such discrimination may be commingled with religious discrimination.

• "Dear Colleague" letter

First Amendment

"Dear Colleague" letter reaffirming that OCR's regulations and policies do not require or prescribe speech, conduct or harassment codes that impair the exercise of rights protected under the First Amendment.

• "Dear Colleague" letter

Racial Harassment / OCR Investigative Guidance

Racial Incidents and Harassment Against Students at Educational Institutions; Investigative Guidance. Investigative guidance on the procedures and analysis that OCR staff will follow when investigating issues of racial incidents and harassment against student at educational institutions. This guidance was published in the Federal Register, Vol. 59, No. 47 (Mar. 10, 1994).

• Racial Harassment / OCR Investigative Guidance

Notice of final policy guidance. Nondiscrimination in Federally assisted programs

Title VI of the Civil Rights Act of 1964. The final policy guidance discusses the applicability of the statutes' and regulations' nondiscrimination requirement to student financial aid that is awarded, at least in part, on the basis of race or national origin. This guidance was originally published in the Federal Register, Vol. 59, No. 36.

• Notice of final policy guidance. Nondiscrimination in Federally assisted programs

Notice of application of Supreme Court Decision in United States v. Fordice

The notice describes the effect of the Supreme Court's decision on the U.S. Department of Education enforcement policies under Title VI and was published at 59 Fed. Reg. 4271 (Jan. 31, 1994).

• Notice of application of Supreme Court Decision in United States v. Fordice