Berkeley Board Hears Deep Divide Over State Civil-Rights Corrective Order

A state civil-rights ruling ordering new anti-discrimination training dominated the Berkeley Unified School District Board of Education meeting on Sept. 16, 2026. Students, teachers and labor activists called the decision censorship, while Jewish families called it overdue. The board took no action on the ruling, but directors signaled they will comply while defending student expression. The board also approved year-end budget figures showing a thin cushion. Separately, staff faced pointed questions about how the district is choosing its next elementary math curriculum.

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• CDE corrective order splits public comment: Opponents promise to sue; Jewish families urge full compliance.
• Board takes no action but directors say commitments to inclusion and student activism stand.
• TK-5 math pilots underway: Bridges now, Desmos in December, as parents demand a K-12 plan.
• Unaudited actuals approved: About $2M unassigned balance, with spending $2.7M over budget.
• Up to $7.5M more in cuts may be needed for 2026-27.
• Parents press for AI limits and explicit consent for third-party apps.

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A State Order, a Divided Room

The basics: In August, the California Department of Education (CDE) issued an Education Equity appeal decision. The decision directs BUSD to take corrective action, specifically by providing additional anti-discrimination trainings. The decision followed complaints of discrimination at Berkeley High School and King Middle School.

Why it matters: The ruling touches student speech, how teachers handle controversial issues in class, and the district's civil-rights compliance. Speakers on both sides promised legal or organizing responses.

Where things stand: Superintendent Enikia Ford Morthel opened by lowering expectations for the evening. "It appears that some folks might think that the board is going to be discussing or taking action on that particular appeal or corrective action tonight. That is not the case," said Superintendent Enikia Ford Morthel. She said the decision does not limit engagement on controversial issues.

Much of the 30-minute comment period still went to the ruling. Students went first.

• Ninth grader Nava called a King SWANA assembly meaningful and asked how BUSD will protect students and their stories.
• Yvette Filarka, a Berkeley Independent Study teacher speaking for the Equal Opportunity Now by Any Means Necessary Caucus, condemned the ruling. "We plan on suing and we plan on mobilizing," said Filarka.
• Judy Greenspan, of Bay Area Labor for Palestine and the Oakland Education Association executive board, said the state mandates limit student speech.
• Annie Johnston, a former Berkeley High history teacher, opposed ADL-developed training, saying it conflates criticism of Israel with antisemitism.
• Jonas Lemaitre Brownell, a Herrick Hospital teacher, said he will not tell students chanting "Free Palestine" that they are antisemitic.
• Christina Harp, the King SWANA Club advisor, defended the assembly.

The other side: Supporters of the ruling said Jewish and Israeli students need an environment free from discrimination.

• Dahlia said pro-Israel students fear speaking up.
• Hillary, a parent, cited Israel being erased from a map at King. Hillary spoke to "welcome the CDE's recent decision requiring corrective action in response to complaints of discrimination at BHS and King Middle School."
• In the second comment period, Daniel urged "Listening to Jewish families, follow the required corrective actions and provide meaningful antisemitism training," said Daniel, a public commenter.

The divide did not fall neatly along identity lines. Felix, a Jewish seventh grader, backed a teacher's "Free Palestine" sign. Elisa Novick, a Jewish parent and descendant of Holocaust survivors, said nothing is antisemitic about saying "stop a genocide." Social studies teacher Stephanie Schaudel urged that anti-discrimination training also address Islamophobia.

Decisions and stakeholder impacts: No vote was taken. Directors framed the order as the state's decision, not the district's.

"The decision made by the Department of Education, not BUSD, does not stop our commitment to what the superintendent labeled love, acceptance, and inclusivity," said Board Clerk Jennifer Shanoski. Shanoski also urged residents "to really use their energy and activism to continue to engage over Assembly Bill 715."

"We are still here to provide students and community and families an inclusive and welcoming and open environment," said Director Mike Chang.

Board President Ka'Dijah Brown said training should include adults and that silencing and harassment are both inappropriate. "Our answer cannot be just to silence our students because we as adults are uncomfortable with what is going on in the world," said Brown.

Teachers face the most direct pressure. Some said publicly they will not comply with the ruling as they understand it, while families who filed or backed complaints expect visible enforcement.

What's next: The district must carry out the ordered trainings. Opponents say they plan litigation.

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Math Pilots Move Ahead, K-12 Questions Linger

Why it matters: The TK-5 math adoption will shape elementary instruction for years. Achievement gaps persist, and some families rely on private tutoring.

Where things stand: The CDE released its list of curricula aligned to the California Math Framework in November 2025. BUSD's 26-member adoption committee has since grown to 57 pilot educators.

Staff narrowed about 20 options to two pilots. Bridges, from the Math Learning Center, is being piloted now. "Our second pilot program, Desmos by Amplify, will begin in December after all pilot teachers have completed initial training in that program," said Mandy Hubbard, TK-5 math teacher on special assignment.

A fluency working group and district professional development are designed to work with either curriculum. Staff plan to bring engagement to school events.

The other side: Parent Evie Colassi said BUSD has not publicly discussed math acceleration and pathways. Colassi criticized undisclosed participants in the "Meeting of Math Minds" process and said pilots are running before pathways are set.

Lindsey Nofelt said the pilots repeat inquiry-heavy approaches. Nofelt urged an examination of evidence before spending public dollars. T. Sung said widespread private math tutoring reflects privatization of math education and the racial education gap.

Directors pressed on several fronts:

• the transition to middle school,
• the balance of explicit and inquiry-based instruction,
• how the pilots were selected.

"I've been really concerned about math since I learned in my first year that only 15% of our African American 7th graders are proficient in math," said Shanoski.

Chris Albeck, Director of Curriculum and Instruction, said curriculum adoption and course pathways are distinct decisions limited by staff capacity. On instruction styles, Albeck said: "I would ask us to not simplify this to a binary question, which can often lead to polarization." Hubbard said of the selection process, "we're not trying to gatekeep."

Decisions and stakeholder impacts: This was an informational item, and no vote was taken. "There's never going to be, nor has there ever been, a curriculum that does it all," said Ford Morthel.

Shanoski backed the phased, elementary-first approach. "I'm glad that we're trying to do it right and moving a little bit slower so that we can do it right," said Shanoski.

Critics remain unsatisfied. In the second comment period, another commenter renewed calls for an open K-12 vision and investment in teachers.

What's next: Staff will return with a mid-pilot update this winter.

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Books Balanced, Barely

Why it matters: Deficit pressure, expiring one-time funds and lower attendance leave BUSD little room to absorb new costs.

Where things stand: Staff reported results for the 2025-26 fiscal year:

• Revenues came in $243,000 above budget.
• Expenditures ran higher, as Mehdi Rivzi, Executive Fiscal Director, explained: "If we look at the total expenditures, they were higher by $2.7 million." Rivzi said the overrun came mainly from late-settled raises.
• The Local Control and Accountability Plan (LCAP) carried an unspent balance of $898,000.
• Fund 21 held $115M.

The district met its 3% reserve minimum. It ended with about $2M in unassigned funds, below the $4.8M threshold that triggers the Josh Daniels committed reserve. "We have not set it aside for the last few presentations because our fund balance just does not allow us to set that aside," said Pauline Fallensby, Associate Superintendent.

Looking to 2026-27: The board has already implemented $11.2M in budget-balancing solutions. Up to $7.5M more may be needed, and the budget target must be revised.

Headwinds include a sick leave accrual correction and legal costs. "Our costs, program costs, are outpacing our revenue and our contributions," said Fallensby.

A new mandate: Starting Jan. 1, 2027, the district must provide up to 14 weeks of paid pregnancy disability leave to certificated and classified employees. Fallensby said the leave has no eligibility requirements. Previous leave was unpaid and lasted about two months. Staff said the mandate is funded only through one-time state money for one year, and its cost will be presented at first interim.

Decisions and stakeholder impacts: The board approved two items, both by voice vote with individual tallies not announced:

• the unaudited actuals and budget update, moved by Shanoski;
• the Gann limit resolution, the state-required appropriations limit, moved by Shanoski and seconded by Chang.

Employees gain a new benefit, but the district has not yet identified a long-term way to pay for it. "Make sure that you call your legislators and tell them to fully fund Prop 98," said Shanoski.

What's next: Cost estimates for the leave mandate will come at first interim.

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Parents Push Back on Classroom AI

Four parents raised concerns about student AI use and data privacy during public comment. The board did not respond.

• Rachy Lee cited New York City's restrictions and urged BUSD to "restrict unrestricted student-facing AI."
• Megan Werner said Google sign-in prompts for apps like Canva, Pinterest and Spotify ask students for consent. Werner asked why parents are not asked for explicit consent instead.
• Vanessa Vega asked for an open AI working group, along with opt-out and informed-consent rights.
• Emma Swashay said a teacher lets 10-year-olds use Chromebooks unsupervised, including ChatGPT.

Why it matters: The parents argue that current practice shifts privacy vetting onto minors and leaves district AI policy in a closed working group.

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Minor Items

• Lead paint at John Muir Elementary: Staff hired an environmental consultant and will hold a community meeting at the school "next Wednesday at 6:00 PM," the superintendent said. Parent and engineer Deborah Russell urged an alternative evaluation, saying sealing may be safer. Russell also questioned the contractor's certification.
• African American Success Advisory Committee: The committee mailed 875 postcards for its fifth Black to School event. Committee members asked for explicit board partnership and engagement measures beyond attendance counts.
• Routine approvals: The consent calendar and the 2026-27 textbook sufficiency resolution passed by voice vote. No one spoke at the hearing.
• Hiring allegation: Laid-off employee Paula Phillips alleged a new executive assistant role was promised to a substitute, bypassing merit rules. The district did not respond.
• Early learning and literacy: Staff described trauma-responsive coaching for pre-K and TK and a K-8 focus on sentence-level writing.

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Looking Ahead

Upcoming dates:

• Next Wednesday, 6 p.m.: John Muir lead paint community meeting.
• December: Desmos math pilot begins.
• Winter: Mid-pilot math update.
• First interim: Cost estimates for paid pregnancy disability leave.
• Jan. 1, 2027: Paid pregnancy disability leave mandate takes effect.