Virginia AG Calls for K-12 Schools to Adopt IHRA Definition of Antisemitism Ahead of New Governor Taking Office

Virginia’s outgoing attorney general on Monday implored the commonwealth’s K-12 schools to adopt the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism, citing a dramatic increase in antisemitic hate crimes occurring in 2024 alongside an overall reduction in crime.

“Every student has the right to learn in an environment free from fear,” Virginia Attorney General Jason Miyares, whose tenure ends on Jan. 17, wrote in an open letter to superintendents and school boards. “The IHRA definition provides schools with a clear framework to recognize and respond to antisemitic conduct and distinguish protected speech from unlawful discrimination, intimidation, and harassment.”

He added, “Pushing back against antisemitism requires clarity, consistency, and courage. We cannot fight something we fail to define. By adopting this resolution, schools can meet their legal obligations while upholding constitutional principles and ensuring equal access to education for every student.”

IHRA — an intergovernmental organization comprising dozens of countries including the US and Israel — adopted the “working definition” of antisemitism in 2016. Since then, the definition has been widely accepted by Jewish groups and lawmakers across the political spectrum, and it is now used by hundreds of governing institutions, including the US State Department, European Union, and United Nations.

According to the definition, antisemitism “is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.” It provides 11 specific, contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere. Beyond classic antisemitic behavior associated with the likes of the medieval period and Nazi Germany, the examples include denial of the Holocaust and newer forms of antisemitism targeting Israel such as demonizing the Jewish state, denying its right to exist, and holding it to standards not expected of any other democratic state.

Virginia’s state government first adopted the IHRA definition of antisemitism in 2023, responding to a series of antisemitic incidents which included the graffitiing of a swastika on a Jewish family’s home in Burke and an Arlington student’s airdropping an image of a swastika to his entire class and proceeding to play an online quiz game “using a swastika and a racial slur.” Most notable, however, was the Unite the Right Rally, which took place in Charlottesville in 2017 and led to death of 32-year-old Heather Heyer, who was killed when a white supremacist attending the rally intentionally crashed into dozens of counter-protesters.

Gov. Glenn Youngkin, a Republican, enthusiastically signed a bill which called for the IHRA adoption, saying during a signing ceremony, “When we acknowledge that we live in a world where there is hate and where that hate is translated into despicable actions, we can stand up together and say there is no room for that.”

Monday’s letter comes as Virginia prepares to turn the reins of government over to Gov.-elect Abigail Spanberger, who beat Youngkin’s lieutenant and chosen successor Winsome Earle-Sears by 15 points in a general election contest held in November. A moderate Democrat with a history of condemning Hamas and advocating pro-Israel policies, Spanberger is on record supporting the IHRA definition of antisemitism, having voted in favor of it twice as a member of the state’s House of Representatives.

However, the month of January has already seen a local government’s commitment to IHRA be overturned by a newly sworn in administration. In New York City, Mayor Zohran Mamdani, a far-left Democrat, dropped the IHRA definition on his first day of office last week and revoked an executive order that opposed the boycott, divestment, and sanctions (BDS) movement against Israel. Citing these developments, lawyer and civil rights nonprofit founder Kenneth Marcus commended Miyares for stressing the importance of using the IHRA definition as a tool for combating antisemitic hatred amid a surge of antisemitism in Virginia’s own K-12 schools.

“Antisemitism in Virginia public schools has become a major national issue in recent months, as we’ve seen with the opening of a congressional investigation into Fairfax County public schools, where there have been multiple high-profile issues surrounding antisemitic activity,” Marcus, who leads the Louis D. Brandeis Center for Human Rights Under Law, said in a statement on Monday. “This definition is the gold standard across the globe … to this new administration and to Gov.-elect Spanberger: Virginia must not follow New York City’s example. We call on you to follow the lead of Presidents Obama, Trump, and Biden, whose administrations similarly embraced the IHRA working definition of antisemitism.”

Antisemitism is also present in Virginia’s private schools, as was recently alleged in a lawsuit settled in November.

As previously reported by The Algemeiner, Nysmith School for the Gifted in Fairfax County, Virginia, agreed to pay $100,000, plus attorneys’ fees and other costs after parents came forward to accuse it of expelling three Jewish students for reporting antisemitism.

In addition to paying the victim’s family what amounts to nearly $150,000, the school has said it will adopt the IHRA definition of antisemitism, which is used by governments across the world, and submit to monitoring by a third-party watchdog for a minimum five-year period. That monitor will oversee the conclusion of Nysmith’s investigation of the bullying allegations and determine whether school officials did not intentionally violate the law.

“I want to take this opportunity to acknowledge that there are things I could have done differently in this particular situation, and for that, I am truly sorry,” Nysmith’s headmaster, Ken Nysmith, wrote in a letter to parents. “For the 40 years I have been at Nysmith, I have always tried to do my personal best, guided by our commitment to our students, families, and staff. In this instance, I will use this experience to reflect, to learn, and to continue improving as a leader.”

Follow Dion J. Pierre @DionJPierre.