U.S. Department of Education probes antisemitism complaint against Berkeley Unified School District

Berkeley Unified targeted with federal complaint over antisemitic harassment of Jewish students

The U.S. Department of Education has opened an investigation into the Berkeley Unified School District (BUSD) following a complaint that the district has failed to address "severe and persistent" bullying and harassment of Jewish students since the October 7, 2023, attack by Hamas against Israel.

The department's Office for Civil Rights announced the formal investigation Tuesday, ahead of an appearance by BUSD Superintendent Enikia Ford Morthel Wednesday before the U.S. House Committee on Education and the Workforce during a hearing on K-12 antisemitism.

The complaint, filed by the Louis D. Brandeis Center for Human Rights Under Law and the Anti-Defamation League, says not only did the BUSD fail to address the soaring incidents of antisemitism at its schools, it also permitted retaliation against parents who complained about the incidents.

The complaint was originally filed on February 28 and expanded on Monday, with allegations that anti-Jewish bigotry and harassment have escalated over the past three months. Among the newer incidents described include graffiti saying "Kill Jews" at Berkeley High School, "Kill all Zionists" written at a bus stop used by Berkeley High School students, and a ninth-grader bullied after his parent reported anti-Semitic incidents.

The complaint includes what it says were dozens of incidents of students shouting "f--- the Jews" and "KKK," and "From the river to the sea, Palestine will be free" during teacher-promoted walkouts that praised Hamas. For Palestinian activists and supporters, the "river to the sea" chant is taken to mean a call for peace and equality after decades of Israeli military rule; for Jews, it means a call for Israel's destruction.

The complaint also claims BUSD teachers are indoctrinating students with antisemitic tropes and biased, one-sided anti-Israel propaganda disguised as education. 

On Tuesday, four of five BUSD board members signed onto a letter "to express our full support for our Superintendent" for affirming the district's stance against antisemitism and all forms of hate. 

"All allegations of antisemitism and Islamophobia must be taken seriously, and Superintendent Ford Morthel has led our district in doing just that," the letter stated. "Superintendent Ford Morthel is an exemplary public servant who cares deeply and courageously for our children and we stand solidly beside her during this difficult time."

Wednesday's House Committee on Education and the Workforce hearing is the Republican-led committee's first K-12 hearing on antisemitism. It has held two hearings on college antisemitism where committee members questioned the heads of Harvard, MIT, the University of Pennsylvania and Columbia. 

Besides Ford Morthel's appearance, New York City School Chancellor David Banks and Montgomery County School Board President Karla Silvestre of Maryland were also called to testify. A committee aide told CBS News the panel didn't issue subpoenas; it asked the school district leaders to appear voluntarily.

In a statement to CBS News, BUSD said Ford Morthel "did not seek" to testify but has accepted the invitation to appear. A BUSD spokeswoman said, "We strive every day to ensure that our classrooms are respectful, humanizing, and joyful places for all our students, where they are welcomed, seen, valued, and heard. We will continue to center our students and take care of each other during this time."

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