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.

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:

True, but not antisemitic;

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

Conveying a "pro-Palestinian/Muslim message with no........

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