The U.S. House Committee on Education and Workforce sent a letter Monday to Berkeley Unified School District, or BUSD, superintendent Enikia Morthel announcing its investigation into alleged antisemitism in Berkeley’s K-12 schools. 

According to the letter — written by Chairman Tim Walberg, R-Mich, and Congressman Kevin Kiley, R-Calif — the investigation aims to determine whether BUSD, Fairfax County Public Schools in Virginia and the School District of Philadelphia in Pennsylvania allowed the creation of a hostile environment  for the districts’ Jewish students. 

“The Committee is deeply concerned that BUSD is failing to uphold its obligations under Title VI, as suggested by numerous press and whistleblower reports. Since the Oct. 7, 2023 terrorist attacks against Israel, Jewish and Israeli students have allegedly been regularly bullied and harassed,” the letter said. 

Under Title VI of the Civil Rights Act, individuals under programs receiving federal financial assistance, such as public school systems, are legally protected from facing discrimination or exclusion on the grounds of protected characteristics like race, sex, national origin or religion.

This is not the first time BUSD has faced allegations of antisemitism. 

In May 2024, the same House committee questioned Morthel and public school leaders from New York and Maryland districts regarding antisemitism in their districts. Morthel testified to the house that antisemitism is “not pervasive” in BUSD and that the district had taken steps to address antisemitic incidents as they arose. 

“We do not publicly share our actions because student information is private and legally protected under federal and state law. As a result, some believe we do nothing. This is not true,” Morthel said in the hearing. “In California, personnel actions are also private and legally protected so non-disclosure can again be confused with inaction.”

The House’s hearing in May came after a 41-page federal complaint filed by Jewish advocacy groups the Louis D. Brandeis Center for Human Rights Under Law as well as the Anti-Defamation League in February of 2024. The hearing also coincided with an investigation into Title VI violations by the U.S. Department of Education’s Office for Civil Rights, whose website shows three Title VI investigations pending against BUSD as of press time. 

All of the allegations of antisemitism in the most recent letter from the House to BUSD originate from the Brandeis Center’s original complaint before the hearing in May 2024. 

“The November 24 letter from the U.S. House Committee on Education concerns allegations raised almost 18 months ago, which our Superintendent addressed when she appeared before Congress in May of 2024. The information sought in the current letter from the Committee concerns those old allegations. The District will, of course, respond appropriately to the Committee’s letter,” BUSD said in a statement to The Daily Californian. 

It remains unclear what has led the House Committee to reopen the line of inquiry it has already pursued. 

Neither Kiley’s nor Walberg’s office responded for comment as of press time. 

Further in its statement, BUSD added, “Our commitment to the safety and well-being of all students in BUSD is unwavering, and we continue to encourage anyone who experiences or witnesses discrimination or harassment to report it to complaints@berkeley.net so we can respond promptly and appropriately.”