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Case Study

A.F. v. Berkeley Unified School District

Superior Court of Alameda County, California

Summary

Berkeley Unified rolled out a new Israel/Palestine ethnic-studies curriculum and refused to share the materials with parents. After a public-records fight, the curriculum was released and JCAC sued on behalf of an Israeli-American student taught the anti-Israel materials.

Holding

"Anti-Israel Ethnic Studies Curriculum taught to A.F. violates Education Code § 220"

To prevail under Education Code § 220, a plaintiff must show (1) severe, pervasive, and offensive harassment depriving the student of equal access to educational benefits, (2) the district's actual knowledge, and (3) deliberate indifference. Plaintiffs sufficiently pled that A.F. was harmed by the Materials and thereby deprived of equal access — a violation of § 220 (and, for the same reason, Government Code § 11135).

Case developments

  1. The school refused to release the Israel/Palestine curriculum

    In 2024, the school announced a new Israel/Palestine curriculum. An Israeli parent asked to see it; the district showed two slides and refused the rest. The parent filed a PRA lawsuit and eventually obtained the materials.

  2. A.F. was taught anti-Israel curriculum

  3. Oct 22, 2024

    Complaint filed for antisemitic discrimination in ethnic studies

  4. Jun 23, 2025

    School district filed motion to dismiss

  5. Sep 19, 2025

    Court denied the school district's motion to dismiss

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