Frustrated families sue the state to stop antisemitism in California schools

California Families Sue State, Citing Widespread Antisemitism in Schools Fueled by Curricula

A national Jewish nonprofit law organization has filed a groundbreaking lawsuit against the California Department of Education and state officials, alleging a systemic failure to address a surge in antisemitism within the state's public schools. The legal action, brought forth on behalf of five families whose children experienced alleged harassment and discrimination, asserts that school districts and the state have repeatedly ignored or inadequately responded to numerous complaints, creating an environment where anti-Jewish sentiment is not only tolerated but, in some instances, allegedly amplified by educational materials.

A Systemic Failure to Protect Jewish Students

The lawsuit, filed in Los Angeles County Superior Court by The Louis D. Brandeis Center Coalition to Combat Anti-Semitism, marks the organization's first legal challenge against an entire state. It contends that California's public school system has violated numerous anti-discrimination laws and the state constitution's promise of equal educational opportunity for all students.

Attorneys for the plaintiffs argue that the inaction by school districts and the state has emboldened perpetrators, leading to a climate where students face taunting, bullying, and even physical assaults due to their Jewish identity. In some disturbing accounts detailed in the complaint, parents reported that when they raised concerns, school officials either dismissed their complaints or, in a move described as particularly egregious, transferred the targeted Jewish students to different classrooms or independent study, effectively silencing dissent and allowing alleged antisemitic teachings to continue unchecked.

"The problems in K-12 seem to be widespread and deeply troubling," stated L. Rachel Lerman, vice chair of the Brandeis Center. "The parents who joined this lawsuit are not just interested in their own child. They would like to see [antisemitism] addressed systemically, because it affects not just the Jewish kids, but the other kids who are taught to be antisemitic. This contaminates our society and will persist for years if it’s not checked."

Allegations of Indoctrination and Neglect

The complaint cites incidents across six school districts over the past two years, including Los Angeles, Berkeley, Fremont, San Francisco, and Oakland Unified school districts, as well as Campbell Union High School District. One particularly alarming event involved six students at Branham High School who, in December, formed a human swastika on the football field and posted the image online with a quote from Adolf Hitler.

Plaintiffs' children, many of whom are named in the lawsuit, have allegedly endured relentless taunting and bullying. In two documented cases, students were reportedly physically assaulted. The lawsuit also details instances of alleged discrimination by teachers, further compounding the distress experienced by Jewish students.

The legal action seeks not only to address past misconduct but also to implement proactive measures to prevent future discrimination. A central demand is for the court to mandate a review of ethnic studies curricula and teacher training programs currently in use across California school districts. This review would be conducted by independent experts with a focus on identifying and mitigating any antisemitic content or bias.

The Role of Ethnic Studies Curricula

A significant focus of the lawsuit is the implementation of ethnic studies courses, a requirement for high school graduation in California since the adoption of Assembly Bill 101. While intended to foster understanding and critical thinking, the lawsuit alleges that certain ethnic studies materials, particularly those derived from alternative or "liberated" curricula, have become a vehicle for promoting anti-Jewish sentiment.

The lawsuit specifically references the Liberated Ethnic Studies Model Curriculum, which some authors of the state's initially rejected model curriculum have repackaged. Elements of this "liberated" curriculum are reportedly taught in the districts named in the suit and many others. These courses, according to the complaint, often frame the Israeli-Palestinian conflict in a manner that characterizes Israelis as white and portrays Israel as an oppressive settler-colonial nation.

"The view is that Israel is a demonic entity and should not have a right to exist," Lerman explained, describing the alleged sentiment conveyed in some classrooms. "And people who support Israel are also monsters and need to be shunned. The next thing you know, the kid next to you is being called Jew instead of by her name."

The lawsuit aims to ensure that California schools are not "commandeered as centers of antisemitic indoctrination," a phrase used to describe the alleged outcome of unchecked curriculum implementation and teacher training.

Parents Share Harrowing Experiences

The lawsuit details a series of deeply disturbing incidents that illustrate the alleged climate of antisemitism:

• At Los Angeles Unified's Sherman Oaks Center for Enriched Studies, a student identified as B.R. was reportedly subjected to antisemitic slurs, including being called a "shitcan Jew," and faced "Heil Hitler" salutes. Instead of disciplinary action against the aggressors, the school allegedly moved B.R. to a segregated space during lunch. Later, during a physical education class, B.R. was reportedly beaten unconscious by bullies who yelled, "Let's get the Jew." The lawsuit states that none of the attackers were suspended.
• At Kester Elementary in Los Angeles, a third grader, identified as "Student B," was reportedly told by a teaching assistant not to sing a song by an Israeli Eurovision contestant at a school talent show. The teaching assistant allegedly stated that "Israel is a racist apartheid state, and by supporting Israel, you are being racist." The following year, Student B was allegedly the only child not selected for the talent show.
• At Berkeley High School, the ninth-grade son of Ilana Pearlman, identified as A.D., was reportedly shown artwork by his art teacher depicting barbed wire fences in the shape of a Star of David with a giant fist punching through it. The lawsuit states A.D. was shocked by the imagery. The next day, the teacher allegedly promoted a walkout to support Palestine, during which "F--- the Jews" chants were reportedly heard. When Ms. Pearlman complained, administrators allegedly sent her son to the library and student health center during class.

These accounts, as presented in the lawsuit, paint a picture of a pervasive problem that has left families feeling unprotected and unheard by the very institutions meant to safeguard their children's well-being and education.

Escalating Tensions and Demands for Action

The lawsuit arrives at a time of heightened concern over antisemitic incidents nationwide. California, in particular, has seen a significant rise in such occurrences. Governor Gavin Newsom has previously noted that Jewish hate crimes constituted a substantial portion of religiously motivated hate crimes reported in the state.

Since October 7, 2023, and the subsequent conflict in Gaza, parents' formal complaints against school districts have reportedly surged. The lawsuit alleges that many districts have failed to respond within the statutory deadlines or have minimized the harm experienced by Jewish students. The California Department of Education is also said to have a substantial backlog of appeals related to these issues.

A notable exception cited is a recent finding by the Department of Education against Oakland Unified, which ordered the school board to address antisemitism, principals to communicate with families about the issue, and schools to hold assemblies on the Holocaust and the harm of antisemitic imagery. However, the Brandeis Center and the involved parents argue that such isolated actions are insufficient to address the systemic nature of the problem.

Specific Demands for State Intervention

The plaintiffs are seeking specific court-ordered actions from the state, including:

• The publication of statewide data on antisemitism complaints and appeals made to the Department of Education.
• Mandatory antisemitism training for all teachers, administrators, and academic staff, developed in coordination with the Brandeis Center.
• Making state funding to school districts contingent on ensuring discrimination-free conduct by students, staff, and third-party contractors.
• The appointment of an independent monitor with expertise in antisemitism discrimination for any district found to be recalcitrant, to oversee the implementation of court-ordered reforms.
• The formation of a committee of experts to review all ethnic studies curricula and teacher training materials purchased by districts since 2021, the year Assembly Bill 101 was adopted.

The lawsuit also aims to enforce a provision of Assembly Bill 101 that prohibits districts from using any part of the first draft of the state's voluntary Model Ethnic Studies Curricula, which was rejected by state officials for alleged bias and discrimination.

A Call for Accountability and Systemic Change

The legal challenge highlights a deep frustration among families who feel that existing legal frameworks and complaint processes have failed to provide adequate protection. The lawsuit asserts that California, despite having robust anti-discrimination statutes, is not consistently enforcing them when it comes to antisemitism.

"California is just chock-full of anti-discrimination statutes — probably the state with the most, and I'm proud of that as a Californian," Lerman stated. "I'm not proud that we're not enforcing them when it comes to antisemitism." She suggested that a different approach would likely be taken if other minority groups faced similar levels of alleged discrimination.

The lawsuit represents a significant effort to compel state-level action and ensure that all students in California's public schools can learn in an environment free from hate and discrimination. The outcome of this case could have far-reaching implications for how antisemitism is addressed within educational institutions across the state and potentially beyond.