A New Legal Strategy for 2026

AB715 and ETHNIC STUDIES Legal Update and New Strategy:

• Learn how to reduce antisemitism at your school by studying what's worked in recent litigation.

• Learn from lawyers about what to look out for in your child's classrooms and schools using actual examples of classroom materials and what to do if you encounter these materials.

• And hear about the new strategy being launched in San Mateo County to increase transparency and hold districts accountable for the educational materials introduced in their classrooms (specifically in ethnic studies).

• Introduction/Reorienting Our Niche Strategy Towards Fighting Illegal Antisemitism (Case Studies)

• Illegal v Legal Antisemitism

• How to Build Your Case

• Case Study 1: Antizionism at MIT (Learn What Doesn't Work)

• What NOT to Do at School in Response to Antisemitism

• Case Study 2: Anti-Israel Curriculum taught to A.F (Alameda)

• Case Study 3: AB715 Enforcement and Efforts to Obtain Online Access to San Mateo County High Schools' Antisemitism Curriculum

• Discussion and Questions

• 99% of us will never file an antisemitism lawsuit.

• So why should I care about antisemitism lawsuits?

• Do you want to be on a path where the school responds as if you were, or weren't going to file a lawsuit for antisemitic discrimination?

We are talking about how to recognize potentially illegal conduct.

The way we should treat this issue is: If you think you or your child are the victim of illegal discrimination or suppression of your student's opinion at school,

Go directly to seek legal advice!

• That means, "YOU" should seek advice from a lawyer.

• It is more difficult for a lawyer to represent the interests of more than one party at a time.

• Jewish Organizations are usually not your attorney

• "Complaints" to ADL Legal Network may not reach an attorney

As part of the debate about how to fight antisemitism, we are responding here to Dr. Naya Lekht, who is one of the top scholars on the history of antizionism, and with whom we hope to have a productive debate.

• Dr. Lekht argues here that we are unlikely to win in court because antizionism is not recognized as antisemitism.

• She is referring here to StandWithUs v. MIT, which we are going to explain why that case faltered and how future efforts can avoid pursuing unproductive legal theories.

• Anti-Jewish / Anti-Israel discrimination isn't Illegal

  • because IHRA has not been adopted, or

  • because there's no law defining antisemitism

  • because antizionism is not always antisemitism

• It is illegal, but it only became illegal recently because of AB715

• We already have existing laws that make antisemitic discrimination illegal!

• (when they are taken to court)

• There's very few actual lawsuits

• Students and Parents are very hesitant to come forward because of fear of retaliation

What is Illegal?

• Antisemitic Discrimination against Your Child

• Suppression of Your Child's Opinion

• Most parents and students will not come forward (but our opponents will)

• Brave model citizens who do must be celebrated because they are standing as representatives for us all (A.F.)

• These cases (even losing cases) serve as reference points to build our own case

Maximize the rights of Jewish students at school to ensure equality

• Jewish students should be able to be proud of their heritage at school

• Students must be encouraged to express their own opinion in class, not merely regurgitate the teacher's ideology

• Students cannot be penalized for having answers that conflict with the teacher's ideology, assuming the student demonstrates mastery of the material. (Explain what a preferred pronoun is without being forced to use it, and exercise that choice).

• Invite pro-Jewish speakers (where the school has opened a public forum)

• When you think there is a violation, seek legal advice

Most of the time, we can do nothing in regards to antisemitic speech.

The First Amendment protects even speech that people find offensive.

But, it's better that way because we use the First Amendment to maximize our speech.

Even if you don't plan to file a lawsuit, would you rather build a case little by little, or start from scratch every time?

On November 1, 2025, my child experienced antisemitic discrimination (based on ethnicity and heritage). Here's what happened:

During a recent PE class, another student learned that my child was from Israel and proceeded to yell “Free Palestine” at him repeatedly for approximately ten minutes.

Or

On November 1, 2025, my child felt that his opinion was suppressed in class. Here's what happened:

My child said that he thought Israel was an ethical country and his teacher told him that Israel was a colonial occupier and that his view was debunked.

After notifying the school about incident #1, incident #2, and incident #3, and so on, you will be building your case to eventually file a lawsuit if necessary.

What is a Complaint?

"Complaint" could mean almost anything.

• Even lawyers use "Complaint" interchangeably with both administrative complaints and civil complaints.

• Here we are talking about Complaints that initiate Lawsuits or Civil Actions

• When you hear about a "Complaint," click through to see the PDF.

• A Complaint has the name of the Court, the parties, and the Case number.

Do Not:

Have Meetings and Correspondence to Argue:

• Antizionism is Antisemitism

• Antizionism is a Hate Movement

• Israel is Not Committing Genocide

• The teacher violated the Education Code

• The teacher does not have freedom of speech

Excuse Inadequate Training or Knowledge of Israel/Jewish People

Teachers are not supposed to have free speech in the class. For practical purposes, however, the teacher's free speech is maximized until someone complains.

• Teachers have some free speech at school, and even in the classroom.

• Free Speech is Maximized until someone is discriminated against.

• The teacher's free speech is nearly unlimited until someone says "I was discriminated against"

• Which bubble should be maximized?

• This case is very important because an Israeli father came forward whose student had been taught the Ethnic Studies curriculum related to Israel

• After over a year of correspondence with the school, the parent (on behalf of the student) brought a lawsuit in civil court.

• The school moved to dismiss, and the court held for the parent and student.

• This is extremely undesirable for the school district.

• Courts recognize discrimination against Jews and Israelis.

• When we try, we can win

• The biggest change made by AB715 is it lowers the standard for lawsuits.

• In 2026, a student does not need to come forward to sue

• However, we want to educate the community to protect ourselves for the long term. We don't know what will happen with AB715 and the lawsuits brought under that provision.

• Remember, the best case scenario is a plaintiff who suffered discrimination or speech suppression

People outside California should pass a law like AB715 which adds this subsection to Cal. Education Code 51500:

(2) Discriminatory bias in instruction and school-sponsored activities does not require a showing of direct harm to members of a protected group. Members of a protected group do not need to be present while the discriminatory bias is occurring for the act to be considered discriminatory bias.

In late October, we sent PRA Requests for online access to the 2025-2026 Ethnic Studies Curriculum for all High School Districts in San Mateo County.

• None of them granted access.

Thank you for supporting JCAC and our new legal strategy!

Do we have questions?

www.jcac.org

Review location of Case Studies and Contact Us