Report finds that School District of Philadelphia did not comply with federal laws following antisemitic harassment complaints
Over the past two school years, the School District of Philadelphia (SDP) received a myriad of antisemitic harassment complaints and failed to demonstrate an appropriate response, according to a report and press release issued last Friday by the U.S. Department of Education’s Office of Civil Rights (OCR).
SDP “received repeated, extensive notice during the 2022-23 and 2023-24 school years of harassment based on shared ancestry* that could create a hostile environment for students,” based on the findings of the investigation.
Despite the volume and egregiousness of the allegations, according to the report, the district failed to both respond to the allegations and maintain appropriate records. Additionally, district employees may have retaliated against parents for filing complaints with the OCR. The allegations were primarily, but not solely, based on antisemitic behavior.
Broad + Liberty reported on the allegations of antisemitism in the district back in May, and the Jewish Federation of Greater Philadelphia confirmed then that complaints had been filed with OCR.
Based on the findings, SDP — the largest school district in the state — reached an agreement with OCR to address the complaints.
The press release said the documents reviewed, both from the district and community members, “focused on antisemitic harassment and involved incidents such as Nazi salutes, swastikas drawn on doors and a smart board, reported antisemitic slurs, threats to ‘kill the jews,’ students ‘dress[ing] up like Nazis, with a swastika tied around each of their arms, spewing fake German and hailing Hitler through the hallways,’ and allegations that district teachers and administrators engaged in harassing social media and other conduct.”
OCR said that despite “this extensive notice,” the district only responded to one instance where they “retained an external law firm.” The district did not demonstrate they fulfilled their “obligations to evaluate whether a hostile environment existed based on the information” they received, nor did they take reasonable steps “to eliminate any such hostile environment and prevent its recurrence.”
OCR also had concerns about the district maintaining appropriate records of allegations. “The district provided no documentation to OCR of incidents of which it had notice from a community organization, advocacy organization, and others, including: swastika graffiti, complaints about flyers at a bake sale, an incident involving a ‘Palestinian Freedom Fighter’ costume for Halloween, and an image on social media of an Israeli flag with ‘trash’ written on it, all at the same school.”
Finally, the report noted potential retaliation against parents for filing complaints. “OCR is also concerned that district staff members appear to have engaged in retaliation against district parents for filing the OCR complaint and other complaints of shared Jewish ancestry harassment.”
As a result of OCR’s findings, SDP agreed to a number of remedies, including but not limited to policy reviews, implementing new procedures, investigation training, and anti-harassment training for both staff and secondary students.
Two Jewish advocacy groups issued statements regarding the report and its findings.
“The Jewish Federation of Greater Philadelphia recognizes the recent OCR settlement as a crucial acknowledgment of the challenges faced by Jewish students and their families within the Philadelphia School District (SDP). The settlement highlights SDP’s repeated failures to address complaints, file reports, or implement preventative measures in response to antisemitism.
We commend the families who bravely demanded change and the U.S. Department of Education’s Office for Civil Rights (OCR) for holding the SDP accountable. The Jewish Federation of Greater Philadelphia will continue to push the district to ensure compliance with the settlement terms with the goal of creating a safer, more inclusive environment for Jewish students under their care.”
PSD Jewish Families Association, a grassroots group of nearly 300 members, formed after October 7, 2023, to combat raging antisemitism in PSD, also commented on the report.
“Today is a bittersweet day for Jewish families in the School District of Philadelphia (SDP). The findings from OCR confirm what we have known to be true since the aftermath of October 7, 2023: SDP has allowed, and in many cases, perpetuated, a culture of hate, harassment and discrimination against Jewish students, teachers, and families. Shockingly, this hate has come from within the District — from the very teachers and administrators entrusted with the safety and well-being of our children.
“Even more heartbreaking is the revelation that SDP has consistently tried to hide, justify and evade responsibility for these incidents of hate. We have witnessed their attempts to cover up the truth, dismiss the suffering of Jewish families, and shield those responsible from accountability.
“We hold onto the hope that today’s findings will lead to real change — change that holds perpetrators accountable and ensures that the Jewish community in SDP can begin to heal. We owe our deepest gratitude to the courageous Jewish students, teachers and parents who came forward to expose these painful truths. Their bravery has been nothing short of extraordinary. If not for their strength in the face of indifference and opposition, we would not be standing here today, pushing for the justice, safety and inclusivity that every student in this District deserves.“
SDP responded to a request for comment about the investigation findings.
“The School District of Philadelphia strives to create welcoming and inclusive environments that allow our students to feel safe and heard. The District takes all complaints of bullying, harassment, and discrimination seriously, including allegations of Antisemitism and Islamophobia. In an effort to provide school communities with opportunities to be heard and engage with District leaders collectively, the Office of Diversity, Equity and Inclusion has intentionally been providing learning spaces and hosting forums. Today, the District entered into a voluntary resolution agreement with the Office for Civil Rights (OCR) as part of our commitment to continue these efforts in creating welcoming and inclusive environments. OCR has recognized areas where the District has shown its commitment to this important work and also identified areas needing additional attention and improvement. The voluntary resolution agreement outlines ways in which the District will continue to improve upon its processes.”
According to the letter of agreement sent to SDP, OCR will monitor the district’s implementation of the agreement until they are fully compliant under the Civil Rights Act. OCR also reminded the district they may not “harass, coerce, intimidate, discriminate, or otherwise
retaliate against an individual” who files a complaint or expresses a concern under the Act.
It remains to be seen whether the implementation plan will fully address the concerns of Jewish students, parents, and teachers.
*Author’s Note: The term “shared ancestry” is described by OCR in this way. “The civil rights laws enforced by [OCR] protect all students from discrimination on the basis of race, color, national origin, sex, disability, and age. None of the laws that OCR enforces expressly address religious discrimination. However, Title VI of the Civil Rights Act of 1964 (Title VI) protects students of any religion from discrimination, including harassment, based on a student’s actual or perceived shared ancestry or ethnic characteristics or citizenship or residency in a country with a dominant religion or distinct religious identity.”
Beth Ann Rosica resides in West Chester, has a Ph.D. in Education, and has dedicated her career to advocating on behalf of at-risk children and families. She covers education issues for Broad + Liberty. Contact her at barosica@broadandliberty.com.