In an update to the ongoing controversy over Berkeley High School’s 2025-26 yearbook, the California Department of Education (CDE) ruled on Thursday, Oct. 8 that a photo contributed to a discriminatory environment for Jewish and Israeli students, partially overturning Berkeley Unified School District’s previous ruling on the matter. The photo appears in a two-page spread titled “social justice” and shows three students holding signs at a Teach Palestine protest. One sign reads, “Oct. 7th was a response not an attack! Do your F****** HW!”
In late July, The Bay Area Center to Counter Antisemitism (BACCA) filed a complaint with BUSD, alleging that the image legitimized terrorism and created a discriminatory and harassing environment for Jewish and Israeli students. The complaint further alleged that the message excused the Oct. 7 attacks, which were documented to include sexual violence, and therefore contributed to a sexually hostile environment within BUSD.
In an investigation report dated Aug. 25, BUSD concluded that the BHS yearbook did not discriminate against or harass students based on “sex, religion, shared ancestry, ethnicity, or national origin.” BACCA subsequently appealed BUSD’s claims to the CDE in early September.
In their Oct. 8 decision, the CDE determined that the sign “can reasonably be understood to justify a violent attack against Israelis.” The department also wrote that the image could lead Jewish and Israeli students to feel “alienated and unwelcome,” at school. The CDE also determined that BUSD’s verdicts were inconsistent with state law, citing school publication staff and advisers’ responsibility to ensure that content does not discriminate against protected student groups.
The CDE backed up BUSD’s finding that the yearbook did not ordain sex-based discrimination or harassment, and found no association between the yearbook message and sexual harassment.
As a corrective action, the CDE ordered BUSD to train yearbook staff and advisers by Dec. 15, 2026, on ensuring that future yearbook content publications do not discriminate against protected populations, with particular emphasis on antisemitism.