California Overrules School Districts to Censor Palestine

The views, analysis, and opinions expressed in this article belong solely to the author. They do not represent the official stance, policy, or position of Berkeley Independent Study, the Berkeley Federation of Teachers, the Berkeley Unified School District, or any affiliated organization.

Colorful, progressive posters fill the walls in Room 202 of Berkeley High School's Independent Study Program. A Rainbow Coalition poster features Fred Hampton with the phrase, "In Unity, there is survival." The Black Panther Party, IWW Local 8, Somos El 99%, Louise Olivereau, Marie Equi, environmental justice, and other progressive causes are represented.

Palestine posters fit in with the milieu of the room. "Berkeley Educators for Palestine," "Stop the Bombing, Free Free Palestine," and "Stop the Israeli-US Genocide in Palestine" are included.

What is uncommon is to bypass teachers and administrators and go straight to a civil rights complaint, unless the complaint is about Palestine, and the people making the complaint are connected to the Brandeis Center.

These posters, along with one titled "Standing with Muslims Against Islamophobia and Racism," resulted in an official complaint filed through the District Civil Rights and Compliance Office of the Berkeley Unified School District (BUSD). No teachers or staff were aware of any concerns surrounding the posters until they were contacted by a district-hired attorney.

Jonas LaMattery-Brownell, Berkeley Federation of Teachers (BFT) co-site representative at Berkeley Independent Study (BIS), told me in an interview, "Some colleagues of mine who were most targeted by the investigation were Jewish, and were horrified that support for Palestine was getting weaponized against them and the school."

Public schools are accustomed to resolving issues in-house. It's not uncommon for students to feel discomfort, and for parents to voice their concerns with teachers and administrators. These concerns often result in meaningful discussions and a better educational environment for everyone.

What is uncommon is to bypass teachers and administrators and go straight to a civil rights complaint, unless the complaint is about Palestine, and the people making the complaint are connected to the Brandeis Center.

Antisemitism Charges

Kenneth Marcus, former Trump official and founder of the Brandeis Center, wrote openly about filing “high-profile cases alleging unlawful antisemitic harassment” in "Standing up for Jewish Students" (Jerusalem Post, 2013). Marcus writes, “These cases—even when rejected—expose administrators to bad publicity... The only way to win these cases is to file them, even when we see some or most rejected.”

The Brandeis Center filed a 41-page complaint in 2024 with the US Department of Education’s Office for Civil Rights against BUSD, alleging that “BUSD teachers are using BUSD resources to teach anti-Israel propaganda and promote walkouts demeaning Israelis and calling for the elimination of Jews."

BUSD Superintendent Enikia Ford Morthel testified before Congress that "antisemitism is not pervasive in [the] Berkeley Unified School District" after conducting 12 investigations of complaints filed through the District Civil Rights and Compliance Office. In Berkeleyside, the Berkeley Jewish Parents for Collective Liberation called the Brandeis Center claims "tired, fully investigated, and determined to be baseless."

Liz Jackson, director of K-12 Legal Defense and former senior attorney at Palestine Legal, interviewed multiple witnesses to determine the veracity of the Brandeis Center complaints. Addressing the claim that students during the walkout were screaming "Kill the Jews," Jackson told me in an interview, "I've talked to a lot of students and teachers who were supervising or participating in the walkout and no one can verify that. There was definitely not a chant that was loud that students were chanting in unison. I think it's probably fabricated based on what else they fabricate."

Jackson is aware of about 20 complaints filed over the last two years, all of which involve Palestine. The allegations typically fall into the following categories:

1. True, but not antisemitic;
2. Fabricated; and
3. A grain of truth, but grossly exaggerated.

Jackson states: "They paint a picture by blurring a mix of 1, 2, and 3 to create a picture of rampant, systematic antisemitism. They are manufacturing a curriculum causation theory, which is that teaching about Palestine causes antisemitic bullying."

According to Jackson, the small group of "parents who are pushing this stuff are largely from abundantly resourced, owning class families, while the children who are targeted are largely working class refugees." In 2024, the Brandeis Center tax forms reported $18 million in grants following the Hamas attacks when many official complaints were launched.

The norm is that complaints are filed, usually by parents or external organizations, citing Palestine and claiming antisemitism, then BUSD hires its own attorneys to investigate.

The Palestine posters at BIS were found by BUSD to be one-sided, but not discriminatory, citing insufficient evidence that any student expressed discomfort. The complainants appealed to the California Department of Education (CDE), which overruled the district and found the posters discriminatory, mandating antisemitism training for all BIS staff.

CDE Intervention—Assembly Bill 715

The game-changer is Assembly Bill 715, which passed in October 2025 despite "overwhelming opposition from educators, students, and civil rights advocates," including the American Civil Liberties Union, California Teachers Association, Arab-American Anti-Discrimination Committee, and Jewish Voice For Peace. AB 715 states:

This bill would establish that discriminatory bias in instruction and school-sponsored activities does not require a showing of direct harm to members of a protected group and would not require members of a protected group to be present while the discriminatory bias is occurring for the act to be considered discriminatory bias. If the governing board or body of the local educational agency finds that instruction or school-sponsored activities are discriminatory, as provided, the bill would require corrective action to be taken, as provided.

The Jerusalem Declaration on Antisemitism brought together hundreds of scholars from Holocaust history, Jewish studies, and Middle East studies to provide the following definition of antisemitism: "Antisemitism is discrimination, prejudice, hostility,or violence against Jews as Jews (or Jewish institutions as Jewish)." Additional guidelines include that antisemitism is not "supporting the Palestinian demand for justice and the full grant of their political, national, civil, and human rights, as encapsulated in international law."

According to Mr. LaMattery-Brownell: "It's basic humanity to say that we stand for Palestinian self-determination. Free Palestine is talking about freedom for a people. That's not discrimination. Unless you think that freedom for some people is unfair to everyone else."

CDE Case 2026-0259 found the BIS Palestine posters discriminatory for two reasons

1. Conveying a "pro-Palestinian/Muslim message with no corresponding expression of support for Israel/Jews," ignoring the Holocaust posters mentioned elsewhere in the letter; and
2. Conveying "an anti-Israel/Jewish message referencing 'genocide' in Palestine without any corresponding negative reference to the Hamas attack on Israel in October 2023."

The Hamas attack on October 7 took the lives of approximately 1,200 Israelis. Since then, according to the United Nations, the Israeli military has taken the lives of approximately 72,000 Palestinians. There is a 60-fold discrepancy here. The imbalance lies in the facts.

The term "genocide" is explicitly referenced by the CDE as "an anti-Israeli/Jewish message." This assumption is unsubstantiated. Many Jewish students, parents, and staff have spoken out in Berkeley in support of Palestine and against the US and Israeli-led genocide, and over 1,400 Israeli academics signed a petition calling for an end to the war in Gaza in 2024. Critiquing genocide and wars is an act of civic responsibility for all citizens, Israelis and Jewish Americans included.

Following October 7, the Brandeis Center claimed that "Jewish and Israeli students have since been subjected to nonstop antisemitic bullying and harassment by their teachers and peers, in hallways, in classrooms, and in school yards." BUSD investigations have found otherwise. And BUSD teachers have experienced the opposite.

Teacher Harassment

Candiss Youngblood, an art teacher at Berkeley High School (BHS) interviewed for this article, was the subject of five different civil rights complaints. Her offense? She wears a patch, approved by administrators, with a heart and rose that states, "Free Palestine."

Students organized a Grief Circle that Ms. Youngblood participated in following the casualties after October 7. The students made a template poster that read, "My hope for Israel and Palestine," followed by open space to communicate their wishes. The posters were hung up for display at BHS, but "late that night, after hours," Ms. Youngblood reported, "admin went and took them all down." Ms. Youngblood was told that the Grief Circle was a "misuse of district funds."

Investigations and disciplinary action followed. Ms. Youngblood was written up for purchasing art supplies from a dollar store that were never used. Harassment followed as parents accused her of antisemitism in mass emails and students hid behind bushes outside her windows to photograph her classroom. "It was scary to be here," said Ms. Youngblood. "Admin wasn't saying we couldn't wear stuff, but they also weren't preventing any harassment from the community."

Weaponizing support for Palestine as antisemitic is coming not just from extremists trying to control public education, but from the State of California.

Ms. Youngblood was a witness to a complaint issued against the Berkeley High Safety Committee, of which she was a member, because they added a norm to combat white supremacy. According to Ms. Youngblood, ActNowK12.org charged that "we were using that norm as a way to silence their participation in the meetings." ActNowK12.org is a collaboration of California Jewish Grassroots Groups and the Anti-Defamation League (ADL) that offers its website as a means to report antisemitism.

Dan Brownson, a BUSD clerical worker and former Berkeley Council of Classified Employees (BCCE) union rep was asked to defend a BUSD staff member investigated for wearing a keffiyeh. Brownson told me in an interview that the complaint was filed by ActNowK12.org, and the investigation revealed that no specific student or parent actually complained. Brownson said: "They asked how it might make an Israeli or Jewish student feel to see the keffiyeh. I said, are we going to go on feelings now?"

Brownson was asked to represent the staff member on account of his own experience fighting spurious claims of antisemitism and dealing with an administrator who yelled at him for refusing to take down a pro-Palestine poster in his cubicle unless the administrator could show him where he was breaking the law, which she could not. Brownson was fired at the end of the year before obtaining a new position.

Mandated Trainings Across California

The ambiguity of the law surrounding an educator's freedom of political speech gives Assembly Bill 715 unprecedented power. Weaponizing support for Palestine as antisemitic is coming not just from extremists trying to control public education, but from the State of California. Appeals of complaints are underway across the state and corrective actions are being widely dispersed.

The entire staff and student body of King Middle School in BUSD were mandated a training on antisemitism by the CDE following a SSWANA (South Asian, Southwest Asian, North African) assembly due to students wearing Palestinian flags; chanting,"Free Palestine"; and excluding Israel from some maps.

District-wide trainings on antisemitism were mandated in the Oakland Unified School District (OUSD) after the CDE overturned multiple cases involving a Palestine teach-in, Palestine posters, a Palestine flag without a corresponding Israeli flag, and Arab American Heritage Month materials omitting Israel from some regional maps.

Conflating support for Palestine with antisemitism sets a dangerous precedent that threatens human rights everywhere.

The Sequoia Union High School District settled a federal lawsuit for $325,000 alleging widespread antisemitism including pro-Hamas propaganda from teachers and discriminatory grading; the settlement included mandatory antisemitism training for all staff. Exhibit A of the settlement mentions "the denial of the Jewish people's right to self-defense" under its expanded definition of antisemitism.

Additional lawsuits in BUSD and the Santa Ana Unified School District over ethnic studies curricula that included Palestine cited antisemitism as did accusations against the Mountain View-Los Altos District who terminated a contract with Acosta Educational Partnerships. All high school teachers and administrators in the Manhattan Beach Unified School District (LA County) were mandated antisemitism training after an AP US History teacher posted slides describing the genocide in Gaza.

Trainings on antisemitism have commenced in BUSD and OUSD with more to come. Authentic teachings on antisemitism are welcome in public education, as are factually relevant discussions on Israel-Palestine. But the systematic pattern that has developed within California school districts is alarming: File complaints citing antisemitism whenever schools, educators, or students show support for Palestine, then appeal at the state level to overrule school districts where the CDE intervenes.

Labeling the BIS Palestine posters discriminatory sends a chilling message of censorship against Palestine throughout BUSD. Conflating support for Palestine with antisemitism sets a dangerous precedent that threatens human rights everywhere. Responding to the CDE decisions, Jackson stated, "They're anti-Arab, they're anti-Palestinian, and they violate our free speech rights and rights to learn."