California Education Department finds Berkeley High discriminated against Jewish, Israeli students | Local Schools

The California Department of Education ordered training on antisemitism for Berkeley High School’s yearbook advisers after determining that a photograph in the school’s 2026 yearbook contributed to a discriminatory environment for Jewish and Israeli students.

The photograph showed students at a pro-Palestinian protest, including one holding a sign that read, “OCT. 7 Was A RESPONSE NOT AN ATTACK! DO YOUR F****** HW!”

In its Oct. 8 decision, CDE said the sign could be interpreted as justifying Hamas’ Oct. 7, 2023, attacks, which led to Israel’s genocide in Palestine. CDE also said including the photograph in the yearbook could make Jewish and Israeli students feel alienated and unwelcome.

CDE ordered Berkeley Unified School District to train Berkeley High’s yearbook advisers by Dec. 15 on preventing discrimination and bias, particularly antisemitism, in school publications. The district must also submit the agenda, materials and attendance records used in those trainings to CDE.

BUSD began investigating the photograph after a June 16 complaint signed by nearly 300 community members raised concerns. The district found Aug. 25 that the yearbook did not create a hostile educational environment.

The Bay Area Center to Counter Antisemitism, or BACCA, appealed the district’s finding to CDE on Sept. 8.

Before the initial complaint was filed, a Berkeley High vice principal attempted to address the complainants’ concerns regarding the photograph, saying the yearbook was a student-run publication and is protected speech.

However, CDE cited state laws requiring advisers to supervise student publications and maintain professional standards. The department said the appeal was “not about the First Amendment rights of students.”

“It is about the responsibility of school personnel to ensure a discrimination-free school environment,” the decision reads.

According to CDE’s summary of BUSD’s investigation, two students interviewed by district investigators said the photograph upset them, though neither reported that it affected their ability to participate in school programs. CDE nevertheless found that publishing the photograph contributed to a discriminatory environment for Jewish and Israeli students.

According to BACCA, Hillary Kilimnik, a BUSD parent, criticized the school’s response to complaints about the photograph.

“I’m not asking for less free speech. I’m asking for one standard,” Kilimnik said in an email statement provided by BACCA. “As a BUSD parent, I want Jewish kids treated the way the district has already treated others.”

Itamar Landau, founder of the Jewish Coalition of Berkeley, said in BACCA’s statement that the school should not have published the photograph.

“High school students have the right to protest, even in ways that are offensive,” Landau said in the email. “But a school is not a student … The adults responsible for the yearbook should have prevented it.”

Maia Astera, co-editor in chief of the Berkeley High Jacket, said the student newspaper plans to publish an editorial Oct. 23 outlining its position on the yearbook controversy.

Berkeley High and BUSD have not responded to questions about the decision as of press time.

CDE declined to comment.