Attorney General Matthew J. Platkin and Yolanda N. Melville, Director of the Division on Civil Rights (DCR), have issued a statement addressing the need to confront bias in New Jersey’s educational institutions as students return for the new school year.
The statement emphasizes the responsibility of schools, colleges, and universities to ensure that all students learn in an environment free from discrimination and bias-based harassment. “As a new school year begins, we remind students, educators, administrators, and parents of the importance of ensuring that all our students are able to learn in a safe educational environment free from discrimination and bias-based harassment. As the number of bias incidents reported in our schools and on college and university campuses has continued to increase in recent years, our educational institutions must play a critical role in addressing and preventing bias-based harassment in our K-12 schools and on our college and university campuses. To that end, we are committed to ensuring that all of our state’s educational institutions comply with their obligations under our state’s civil rights laws,” said Platkin and Melville.
They referenced the New Jersey Law Against Discrimination (LAD), which protects students from discrimination or harassment based on characteristics such as race, religion, sexual orientation, gender identity or expression, among others. The law requires schools at all levels to take proactive measures against peer-on-peer harassment related to these protected categories. If such harassment is severe or pervasive enough to create an intimidating or hostile environment, schools are required to act immediately.
“It is therefore incumbent on our schools to promptly address bias-based harassment and make clear to members of the school community that they do not tolerate bias-based conduct. Other laws, including Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments Act of 1972, and New Jersey’s Anti-Bullying Bill of Rights Act, also require schools to respond promptly to bias-based harassment and other bias incidents at school,” according to their statement.
The officials clarified that LAD does not prevent educators from facilitating age-appropriate discussions based on accurate information nor does it limit First Amendment rights for students. However, they noted that while free speech protections may restrict disciplinary action for certain speech acts, “the First Amendment does not relieve schools of their obligation to respond to bias-based harassment that creates a hostile educational environment.” Schools are urged to denounce such conduct while upholding legal standards.
Further recommendations include training for educators so they can identify when statements cross into biased or harassing territory; recognizing bullying or behavior triggering LAD or anti-bullying law obligations; and establishing classroom guidelines distinguishing between criticism based on ideas versus comments targeting individuals’ protected characteristics.
The officials highlighted recent increases in reported bias incidents across New Jersey’s K-12 schools as well as higher education campuses. In response to this trend, agencies launched “No Hate in the Garden State,” a statewide campaign using media outreach and community training sessions aimed at raising awareness about reporting procedures for hate incidents.
To support educational institutions further, agencies have provided best practices guidance documents developed by both the Department of Education with DCR collaboration for K-12 settings as well as similar resources from the Office of Secretary of Higher Education with DCR input for colleges and universities. The Division on Civil Rights also offers training programs for school administrators and staff focused on compliance with relevant laws.
“We also strongly encourage students, staff, community members and others to report evidence of discrimination or bias-based harassment to DCR immediately. To find out more or to file a complaint, please go to or call 1-833-NJDCR4U.”
“DCR enforces the LAD, which protects all people from discrimination in New Jersey. No one can retaliate against you for reporting LAD violations, filing a discrimination complaint, or exercising other rights under the LAD.”
