The Deborah Project, a public interest law firm dedicated to defending the civil rights of Jews in education, filed a lawsuit against the Berkeley Unified School District on April 8. The lawsuit accuses the district of deliberately obstructing parents from understanding their children's curriculum.
The suit, lodged in Alameda County Superior Court, also alleges that the school district is teaching students distorted and harmful lies about Hamas's terrorist attack on Israel. These lies, according to the lawsuit, are grossly inaccurate and incite hatred against the Jewish State based on false information.
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The Deborah Project initiated the legal action on behalf of a parent in the Berkeley school district, Yossi Fendel. Fendel claims that he was consistently delayed and denied information about his child's curriculum after a social studies teacher, Alex Day, announced at a school board meeting in November that he would incorporate lessons about "Palestine."
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Day, a ninth-grade social studies teacher at Berkeley High School, also declared at the school board meeting that he would not be "censored" from teaching his students about "colonialism." Fendel made numerous attempts to obtain information about Day's course material, but was repeatedly obstructed "for months" by rescheduling, cancellations, and other delays by Berkeley High School and district staff, according to a press release by The Deborah Project.
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The lawsuit alleges that Day portrayed Jews as abusive, land-stealing colonizers, disregarding thousands of years of history to make a political point, while downplaying the Hamas terrorist organization. The suit claims that Day deliberately avoided labeling as "terrorism" Hamas' Oct. 7 massacre of over 1,200 in southern Israel and its abduction of over 200 civilians.
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The lawsuit further states that Day used one slide and half of another to describe Hamas' massacre of civilians in Israel, and 43 slides to describe what he termed Israel's "all out assault on Gaza." Hamas, notorious for using civilians as shields for its military operations, has been the elected government of the Gaza Strip since 2006.
Day's slides, according to my analysis as a former teacher and curriculum developer, are riddled with leading questions and biased comparisons, seemingly designed to portray Gazans as victims of unwarranted colonial aggression. Day's slideshow omits any mention of the repeated rocket strikes and other horrors Israeli civilians have endured during the war and for decades prior.
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Day's slides include quotes only from, and photos of, Democrats. They ask loaded questions such as: "Why do you think there aren't more politicians calling for a ceasefire?" The slides also include several questions asking students what they thought about Israeli actions toward "Palestinians," but didn't ask a single question about what students thought of Hamas' actions, media coverage, or related U.N. resolutions.
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California State Standards require history teachers to highlight "bias and prejudice" in historical interpretations, but Day's presentation slides do not mention the blatant antisemitism of Hamas or other Iranian proxy groups. Not referenced a single time are the tens of thousands of social media posts, press releases, public chants, and other explicit expressions around the world in support of Hamas that call for the death of all Jews.
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The Berkeley school district did not respond to The Daily Signal's request to confirm the authenticity of Day's slides by the time of publication. However, hyperlinks in the slides link to electronic forms hosted by the school district's official internet domain.
If the Berkeley Unified School District did attempt to hide or delay access to this information, it would not be the first instance of a public school district trying to keep parents from seeing disturbing or controversial curriculum or pedagogy. Numerous public school districts across the country have tried to conceal racially discriminatory and sexually explicit curriculum from parents, as confirmed by Freedom of Information Act requests, recorded admissions by school administrators, and dozens of whistleblowers.
Berkeley Unified would not be the first public school district in California to protect antisemitic actions within its schools. Shortly after the Hamas attack in Israel, the Manhattan Beach Unified School District imposed a gag order on four 11-year-olds to prevent them from discussing the antisemitic death threats other students made against them.
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