A private K-8 school in Northern Virginia reached a settlement on Tuesday with the parents of an 11-year-old Jewish student who say their daughter faced months of antisemitic harassment that went unaddressed by school officials. 

According to the complaint, filed in July with the Office for Civil Rights in the Virginia Attorney General’s Office by the Louis D. Brandeis Center for Human Rights under Law and Washington-based firm Dillon PLLC, the student faced several antisemitic incidents while a student at Nysmith School for the Gifted in Herndon, Va., including a history class where students were asked to work together to create a large drawing featuring the attributes of “strong historical leaders.” 

The students collaborated on a large artistic rendering featuring Adolf Hitler’s face. The parents learned of the project only after Nysmith School posted a photo of the children holding up their project, which is reproduced in the complaint. The student was also told that Jews are “baby killers” and that they deserved to die because of the Israel-Hamas war.

Kenneth Nysmith, the headmaster and owner of Nysmith, told the parents to tell their daughter to “toughen up” when they asked the school to take steps to address the bullying, according to the complaint.  

Two days later, on March 13, the headmaster sent the parents an email stating all three of their children — a son in the second grade and two daughters in the sixth grade — were expelled effective that same day. The complaint does not address any reason that Nysmith provided for the expulsions but noted that the children had no disciplinary record.

In addition to the harassment, the complaint notes that Nysmith canceled an event featuring a Holocaust survivor due to concerns that the event might exacerbate tensions within the school community related to the Israel-Hamas war. 

Under the terms of the settlement, in addition to monetary relief to the family, Nysmith School agreed to establish a committee to review and investigate discrimination complaints — with an independent monitor evaluating the committee’s work. It also agreed to adopt the International Holocaust Remembrance Alliance’s working definition of antisemitism and to provide staff with annual antisemitism training and students with annual education on antisemitism and the Holocaust for the next five years. 

The training will be led by the Jewish Community Relations Council of Greater Washington. Nysmith, headmaster of Nysmith School, agreed to issue a public statement apologizing for expelling the children and making them feel unwelcome based on religious identity. 

Kenneth Marcus, chairman of the Brandeis Center, said that the settlement sends “a clear message, one that demonstrates accountability and willingness to improve. It is our hope that other schools and universities around the country will follow suit.”   

The parents of an 11-year-old Jewish student at a private school in Northern Virginia say their daughter faced months of antisemitic harassment that went unaddressed by school officials, who also cancelled an annual event featuring a Holocaust survivor due to concerns that the event might exacerbate tensions related to the Israel-Hamas war. 

Days after the parents addressed the campus environment with school leadership, all three of their children were expelled, according to a complaint filed on Tuesday with the Office for Civil Rights in the Virginia Attorney General’s Office, Jewish Insider has learned. 

According to the complaint, Kenneth Nysmith, headmaster and owner of The Nysmith School for the Gifted in Herndon, Va., canceled the event with the Holocaust survivor and expressed concern that it might inflame tensions within the school community in light of Israel’s ongoing war against Hamas in Gaza.  

The complaint, filed by the Louis D. Brandeis Center for Human Rights under Law and Washington-based firm Dillon PLLC, alleges several antisemitic incidents that the parents of the 11-year-old Jewish student say she faced in the months leading up to the cancellation of the Holocaust survivor event. The complaint recounts that in October 2024, their daughter’s history teacher asked students to work together on an art project to create a large drawing featuring the attributes of “strong historical leaders.” The students collaborated on a large artistic rendering of a strong leader, featuring Adolf Hitler’s face. The parents learned of the project only after Nysmith School posted a photo of the children holding up their project, which is reproduced in the complaint.

The complaint also alleges that the 11-year-old student experienced harassment, including being told by other students that Jews are “baby killers” and that they deserved to die because of the Israel-Hamas war. The parents of the student allege that the antisemitic bullying got worse after the school hung a Palestinian flag in the gym.  

The complaint claims that the parents of the student being bullied asked Nysmith to take steps to protect their daughter. Nysmith, according to the complaint, told the parents to tell their daughter to “toughen up.” Two days later, on March 13, the headmaster sent the parents an email stating all three of their children — a son in the second grade and two daughters in the sixth grade — were expelled effective that same day. The complaint does not address any reason that Nysmith provided for the expulsions but noted that the children had no disciplinary record.

“The allegations in this complaint reflect what appear to be a growing trend of the normalization of antisemitism to the extent where a school feels compelled to censor a Holocaust survivor,”  Jeffrey Lang, senior litigation counsel at the Brandeis Center, told JI. “But the antisemitic harassment of a young Jewish student because of what’s happening in Israel is acceptable. It’s that trend that I find very worrisome.”  

According to Lang, the K-8 private school is in violation of the Virginia Human Rights Act’s definition of a “private accommodation,” which requires schools that accept tuition to provide a safe learning environment for all students.