In one of his final acts in office, Virginia Attorney General Jason Miyares sent a letter on Monday reminding all K-12 superintendents and school boards in the state of their obligation to adopt the International Holocaust Remembrance Alliance’s working definition of antisemitism into their codes of conduct and discrimination policies. 

“Every student in Virginia has the right to learn in an environment free from fear,” Miyares said in a statement. “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.” 

The IHRA definition is currently used by the Department of Education to enforce Title VI of the Civil Rights Act of 1964. Virginia law also requires use of the IHRA definition by state agencies. “As part of your compliance with Federal and Virginia law, you must implement the IHRA definition and its contemporary examples into your codes of conduct and discrimination policies to assess unprotected activity,” Miyares wrote. 

Miyares, a Republican, lost his reelection bid in November to Democrat Jay Jones, who will be inaugurated later this month. 

In New York City, newly inaugurated Mayor Zohran Mamdani is facing criticism for repealing an executive order, issued by former Mayor Eric Adams, that saw the city adopt the IHRA definition. As Virginia’s use of the IHRA definition was codified in state law after being passed by the state legislature in May 2023, neither Jones nor Democratic Gov.-elect Abigail Spanberger could reverse it without approval from the General Assembly. 

Virginia public schools have been roiled by a number of high-profile antisemitic incidents in the aftermath of the Oct. 7, 2023, terrorist attacks in Israel and the ensuing war in Gaza. The House Committee on Education and the Workforce announced in November it would open investigations into the Fairfax County, Va., school system, along with several others across the country. 

“Jewish students in Virginia have been excluded, harassed, threatened, and even assaulted,” Miyares wrote in the letter. “Our youngest children have been targeted with harassment as early as elementary school and our young adult leaders have faced hostile and even threatening environments in higher education. This discrimination often masks itself as ‘Anti-Zionism,’ targeting the majority of Jews whose identity includes connection to the modern Jewish state of Israel and fellow Jews who live there… But normalized discrimination based on shared ancestry and ethnic characteristics is still illegal discrimination.”

Miyares continued, “When determining discriminatory motive, the IHRA definition is an effective tool to identify both traditional antisemitic tropes and modern antisemitism that often involves demonization, delegitimization, or applying double standards against Israel.”  

“Pushing back against antisemitism requires clarity, consistency, and courage,” Miyares wrote. “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.”