Politics

New California state law targets antisemitism in K-12 schools

Critics voice concerns on educators’ ability to spark debate within classrooms.

Photo of Gavin Newsom
FILE - California Gov. Gavin Newsom speaks during a Clean California event in San Francisco, Nov. 9, 2023. On Sunday, Feb. 25, 2024, Newsom announced an advertising campaign to combat proposals in several Republican-controlled states that he said are designed to prohibit out-of-state travel for abortions and other reproductive care. (Photo courtesy of AP Photo/Jeff Chiu, File)

Governor Gavin Newsom signed an anti-discrimination bill into law last Monday on the anniversary of the Oct. 7 Hamas attack against Israel, saying that it will combat antisemitism and other forms of bias within K-12 schools.

AB 715, which passed the assembly with a 68-0 vote, grants local boards of education new authority to determine whether books or teachings promote bias or discrimination and decide appropriate actions upon their findings. It also allows members of the public to file complaints with school districts over potential violations of the new law.

The law is the first of its kind and will go into effect on Jan. 1, 2026. It marks the creation of the Antisemitism Prevention Coordinator and a new Office of Civil Rights. These will serve as state-level offices and positions that will address and track discrimination and bias in K-12 schools.

“This is a historic first in the nation effort, that centers on the well-being of children across our state, many of whom bravely shared horrific stories about their experiences in our schools,” said Assemblymember Dawn Addis (D-San Luis Obispo) in a press release from the office of Governor Newsom. “In protecting Jewish students, we take a step forward in protecting all students from hate and discrimination.”

Annenberg Media reached out to Assemblymember Addis’ office for comment, but did not receive a response at the time of publication.

Assembly Rick Chavez Zbur (D-Los Angeles), who co-wrote the bill with Addis, emphasized urgency for addressing bias and harassment of Jewish students in schools.

“We just saw horrific amounts of bias and ostracism, and bullying of Jewish students in schools across the state,” said Zbur. “It’s our responsibility to make sure that our schools are safe, supportive and affirming for every student.”

According to a report by the Anti-Defamation League, antisemitism incidents at K-12 schools have increased nationally by 434% since 2020. In California, the ADL reports that there has been a 623% increase in antisemitism incidents in the last decade in K-12 schools. ADL’s definition of antisemitism has expanded since the Oct. 7, 2023, Hamas attack to include “anti-Zionist chants and slogans,” according to Forward.

“The bill relies on the existing tools that are already part of the ed-code,” Zbur said. “But there are additional things in the bill that basically require that the school take steps to assure to respond to bias and discrimination when they occur.”

“There will be a spotlight on cases when schools are not responding to complaints that are being filed. One of the things that’s in the bill requires that if there’s antisemitic materials that are being used, that the school district has to remove them by the end of the school year,” Zbur said. “There are provisions in the bill that allow for enforcement actions to be brought against school districts that don’t.”

According to the law, the state’s Department of Education will be authorized to require local educational agencies to take specified corrective actions. Schools may be asked to seek assistance from the Office of Civil Rights, report regularly to the office, and use alternate instructional materials.

If any discrimination involves antisemitism, schools would have to develop improvement plans in partnership with the state’s Antisemitism Prevention Coordinator, a role that was introduced as part of the AB 715 bill.

Supporters of AB 715 claim that the measure will help protect students from harmful or discriminatory content. But opponents say that its broad language could have the opposite effect, allowing political or ideological groups to challenge lessons surrounding race, religion, or current events.

The law includes a section outlining expectations for teachers, stating that “teacher instruction shall be factually accurate and align with the adopted curriculum and standards” of their district. School boards will also have the right to discipline teachers as they see fit.

The Association of California School Administrators (ACSA) and California County Superintendents wrote a letter of opposition to Sasha Renee Pèrez (D-Pasadena), who serves as the Chair of the Senate Education Committee.

“While we support the bill’s underlying goals, we have significant concerns with the proposed approach, particularly its emphasis on compliance and penalties, the elevation of one form of hate above others, and the risk of intended consequences in classrooms and school communities,” said the letter. “We believe that the most effective way to combat antisemitism is through education, not regulation.”

The California Teacher Association (CTA) has also raised concerns about the bill’s implementation and potential censoring of controversial topics within the classroom. This comes as California has already implemented various anti-discrimination policies in education that include race, gender identity, sexual orientation, religion, and disability.

On the CTA’s official website, where the union weighs in on various bills, the association has publicly opposed the legislation.

In a commentary article on EdSource, California Teachers Association board member Mara Harvey wrote, “AB 715’s use of vague language to address ‘antisemitic learning environments’ is so sweeping and imprecise that it will only serve to invite politically motivated attacks on teachers and students, while chilling open classroom discourse.”

“We know that critical thinking and open dialogue are essential to education, and teachers should never be scapegoated for addressing controversial issues in the classroom,” said Harvey in the same article.

Annenberg Media reached out to Harvey for comment, but did not receive a response.

Now that the bill has passed, teachers may face new pressures when discussing sensitive topics.

“I think that if you’re really vested on either side, it’s pretty easy to poke at any conversation and say it’s being discriminatory, and so that’s my fear,” said Gregory Franklin, professor of clinical education at USC. “I think [the law] just opens a door for inviting challenges to that kind of discussion.”

“If you can’t criticize the actions of a nation without being labeled as anti Zionist or antisemitic, I don’t know how you can have those conversations which students need to have,” said Franklin.

Franklin believes that the classroom is a particularly potent environment for students to learn about current world events and the diversity of opinions within controversial conversations.

“Kids are going to enter a world that’s very divided and it’s not being modeled for them about how to have discourse with people with whom you disagree, said Franklin, “Nobody’s seeking to understand anybody else’s perspective, and I think a classroom is the right place to do that so that kids can get some practice at that before they become adults.”

With the lack of discourse in classrooms, education experts worry that students may miss opportunities to engage with complex social issues.

“The challenge here is that AB 715 is very vague, and it risks silencing legitimate speech and critical inquiry,” said Huryia Jabbar, an associate professor of education policy at USC. “ I think that’s why educators’ unions and the ACLU have been deeply opposed to it, despite their commitments to addressing hate and discrimination.”

She also mentioned the law’s definition of antisemitism, based on the International Holocaust Remembrance Alliance’s (IHRA), which conflates antisemitism with criticism of Israel’s state policies.

“The challenge with this bill is that it adopts a very vague and dangerous definition of antisemitism,” said Jabbar. “Even the author of that definition has opposed using it in education settings because he warned it could be distorted and can lead to fear and overreach censorship, and that actually makes Jewish students less safe.”

The public complaint process could also leave educators feeling vulnerable.

“The concern is that teachers, educators, and school leaders will overly censor themselves because of the fear that is created because of these types of policies,” said Jabbar. “It’s really anyone that can file these types of complaints…so it just puts educators at risk of unfounded accusations and harassment."

As the bill aims to protect Jewish students, Jabbar warns that the law could further marginalize students from other communities.

“This particular definition of antisemitism and approach really denies Muslim, Arab and Palestinian students the ability to see their own lived experiences represented in their education, and that can harm their emotional and mental wellbeing,” said Jabbar.