To Prevent Antisemitism in Schools Like Berkeley, Enforce the Rules Already on the Books

At California’s Berkeley High School (BHS), teachers are interrupting their normally-scheduled classroom lessons to talk about the Iran war.

Given the Berkeley school district’s dismal record on antisemitism, will BHS once again become a venue for Israel-bashing, or even conspiracy theories that Israel manipulated the United States into attacking Iran? If signs of such activity emerge, what can be done to stop it?

Part of the solution — at least at the K-12 level — is simple: state and local governments must ensure that school districts enforce pre-existing constitutional constraints, state educational codes, and school district rules that prohibit indoctrination in the classroom.

Of course, that is not always so easy. One teachers’ group held a teach-in to address the purported causes of the October 7 attack, during which they shared curricular materials such as a guide to “settler colonialism” that defines Hamas as “a resistance movement” and tells students the United States only calls Hamas a terrorist organization because of its “measures against the occupation.”

Materials like these then make their way into BHS classrooms. One history teacher, who reportedly used antisemitic stereotypes in class, showed an anti-Israel video and required her students to respond to the prompt: “To what extent should Israel be considered an Apartheid State?”

When Jewish students complained, the Berkeley Unified School District (BUSD) simply transferred them out of her class. Also at BHS, according to the Brandeis Center complaint, an art teacher reportedly showed the class “violent, pro-Hamas videos.” The teacher also allegedly promoted student walkouts and demonstrations, and projected antisemitic images such as a fist punching through a Star of David. Jewish students were again transferred to a new class, only to find their new teacher wore Free Palestine stickers on her clothing.

What’s especially disturbing about these incidents is that the BUSD already has a policy in place to prevent this kind of ideological offensive material in the classroom. According to BUSD’s “Policy 6144: Controversial Issues,” when a teacher chooses to address such a subject, they should “ensure that all sides of a controversial issue are impartially presented,” and, “The teacher may not use his/her position to forward his/her own historical, religious, political, economic or social bias.”

According to a Supreme Court decision in Garcetti v. Ceballos (2006), such rules are consistent with freedom of speech because, when public employees are carrying out their official duties, their speech does not have the same First Amendment protection as private citizens. State governments have implemented regulations based on this principle.

Texas Educational Code § 28.0022 states that when teachers discuss a controversial topic of public policy, they should “explore that topic objectively and in a manner free from political bias.” Moreover, the code stipulates that teachers cannot assign tasks to students that involve political advocacy.

Similarly, the Florida State Board of Education issued Florida Administrative Code, Rule 6A-10.081, which stipulates that teachers shall not “unreasonably deny a student access to diverse points of view” or “intentionally distort or misrepresent facts concerning an educational matter.”

Yet without enforcement, such policies have little value.

BUSD parents have lodged more than 100 complaints of violations targeting Jewish students. Now, both the US Department of Education and the House of Representatives’ Education and Workforce Committee are investigating antisemitism in the BUSD. Parents have also brought a civil rights lawsuit against the district.

Clearly, school districts across the country should be enforcing policies against propaganda and bigotry in the classroom. But changing the ways of a resistant school district like BUSD is easier said than done. It will entail investigating and then educating the community about existing laws, rules, and codes pertaining to teachers’ speech and conduct. And it will involve persuading parents and students to work with civil rights groups and the local, state, and Federal governments to hold public teachers and administrators accountable.

Our country relies on its schools to endow students with the skills necessary for critical thinking and independent thought. If teachers themselves cannot rise above their prejudices and partisan sentiments, then American schools are not likely to turn out students resistant to conspiracy theories and propaganda.

Naomi Friedman is an Education Fellow at the Foundation for Defense of Democracies.