In a first-of-its-kind congressional hearing on antisemitism in public K-12 schools, Berkeley Unified Superintendent Enikia Ford Morthel faced two hours of scathing criticism and scrutiny of her handling of alleged antisemitic incidents and pro-Palestinian protests in the district as the Israel-Hamas war continues to rage.
Ford Morthel testified in Washington, D.C., that while the district faces multiple complaints accusing it of antisemitism — including a federal civil rights investigation — discrimination is not tolerated in the small school district and is dealt with appropriately.
“Antisemitism is not pervasive in Berkeley Unified School District,” she said. “When investigations show that an antisemitic event has occurred, we take action to teach, correct and redirect our students.”
Ford Morthel was one of three school leaders from across the country to testify during the Republican-led House education subcommittee hearing. New York City School Chancellor David Banks and Montgomery County School Board President Karla Silvestre, of Maryland, also faced questions on how they are handling a national rise of antisemitism in K-12 public schools.
The hearing comes a day after President Biden spoke at the U.S. Holocaust Memorial Museum and condemned a “ferocious surge of antisemitism” in the U.S. following Hamas’ Oct. 7 attack against Israel.
Previous hearings by the committee involved testimony by presidents of college campuses, including Harvard, University of Pennsylvania, the Massachusetts Institute of Technology and, most recently, Columbia University. The presidents of Harvard and Penn resigned following their appearances amid criticism of their answers about what constitutes free speech or violates the institutions’ code of conduct.
In his opening statements, Florida Republican Aaron Bean, who chairs the House Education and Workforce subcommittee on elementary and secondary education, said, “The very need for this hearing is a travesty” and added that the witnesses represent “some of the largest school districts in the nation where there’s been some vile antisemitism.”
“What are you doing to keep students safe? And how can we stop this?” Bean asked the panel. “You’ve been accused of doing nothing and turning a blind eye.”
Berkeley Unified has been thrust into the spotlight as it faces allegations of antisemitism, questions over the district’s ethnic studies curriculum and the investigation by the Office of Civil Rights alleging that district administrators failed to protect Jewish students from “severe and persistent” harassment.
The alleged incidents noted in the 41-page complaint — filed by the Louis D. Brandeis Center for Human Rights Under Law and the Anti-Defamation League — range from hateful “Kill the Jews” chants and students being taunted about the Holocaust, to classroom-sanctioned walkouts and pro-Palestine curricula.
When Congressman Mark DeSaulnier, D-Concord, brought up the complaint during Wednesday’s hearing, Ford Morthel said the district fully intends to cooperate with the investigation and added that she believes it will reveal that she and the district’s board of education has “done everything to reasonably (prevent) a complaint.”
DeSaulnier also submitted letters he received from Berkeley parents, teachers and community members expressing support for Ford Morthel and the board in their efforts to maintain a safe learning environment. He said the letters also detailed the difficulties schools face in addressing the war in Gaza.
Marci Miller, senior education counsel at the Brandeis Center, said there were upwards of 100 different complaints within the district before the center filed the civil rights complaint in February. “The Bay Area has seemed to be a particular hotspot for antisemitism since October 7th,” Miller said.
The office has already seen a 26% increase in complaints.”]
In a statement, the Berkeley Jewish Parents for Collective Liberation rejected the notion that there is rampant antisemitism in the district’s schools and claimed the congressional hearings are part of a right-wing “war on education” restricting public school students’ right to learn. The group also claimed the Brandeis Center complaint is rife with false information and exaggerates the incidents described.
“The complaint makes Berkeley a stage for the far-right to whip up inflammatory fake news and create an atmosphere of fear,” the statement said. “These tactics echo a nationwide pattern of anti-Palestinian harassment to threaten our academic freedom to learn about Palestine.”
Representatives’ questions at the hearing touched on issues of free speech, curriculum being taught in classrooms and disciplinary measures for antisemitic behavior.
Ford Morthel said Berkeley Unified investigates every incident alleging antisemitism but is unable to publicly share actions taken due to federal and state law that protects student and employee personal information. She said non-disclosure can be confused with inaction and “as a result, some believe we do nothing.”
In one tense moment, Ford Morthel declined to answer California Congressman Kevin Kiley, D-Rocklin, as to whether the district has fired any employees for antisemitic conduct, citing “confidential personnel matters.”
“I’m pretty sure your colleague Mr. Banks gave us an answer, so you can … ” he replied before Ford Morthel cut him off and said, “I respect and appreciate that, but I’m not going to be able to do that.”
Berkeley stakeholders said they were hopeful Wednesday’s hearing would provide commitments from school leaders to protect students on campus and apply consequences for those who engage in antisemitic behavior.
Tyler Gregory, CEO of the Jewish Community Relations Council of the Bay Area, said he would like to see Ford Morthel collaborate with the Jewish community when teaching history or ethnic studies.
“I think it’s important to teach Palestine in classrooms,” he said. “I just think it’s important to teach Israel alongside it.”
The Council on American-Islamic Relations (CAIR) San Francisco Bay Area chapter submitted its own civil rights complaint against the district Wednesday afternoon, alleging racism targeting Palestinian, Arab and Muslim students. Incidents range from students being taunted as terrorists to being harassed for pro-Palestine speech and actions.
“As important as it is to root out antisemitism, it is necessary to ensure that antisemitism is not weaponized to silence pro-Palestine voices,” said Zahra Billoo, executive director of CAIR San Francisco Bay Area. “And that advocates are not inadvertently peddling anti-Muslim hate to make their point.”
