Jewish groups file supporting evidence in lawsuit against Santa Ana Unified School District

A coalition of Jewish advocacy organizations filed a motion adding supporting evidence in a lawsuit that claims the Santa Ana Unified School District violated California's open meetings law while developing its ethnic studies curriculum.

"As Justice Louis D. Brandeis famously observed, 'sunlight is the best disinfectant.' The shocking evidence our team has uncovered shows that SAUSD deliberately tried to keep the public in the dark about the extreme biases and antisemitism that infected the district's ethnic studies curriculum. In doing so, SAUSD violated state law," said Dan Shallman, a partner at Covington & Burling LLP and lead counsel for the plaintiffs. "We look forward to making our case in court that SAUSD's actions must not stand. We are proud to stand with our partners at the ADL, the Brandeis Center, and AJC, in seeking to hold SAUSD accountable."

The plaintiffs, including the Anti-Defamation League and the Louis D. Brandeis Center for Human Rights Under Law, claim SAUSD intentionally circumvented the Brown Act to approve courses containing antisemitic content without proper public input. Louis D. Brandeis Center for Human Rights Under Law et al., v. Santa Ana Unified School District Board of Education et al., 30-2023-01349344-CU-JR-CJC, (O.C. Super. Ct., filed Sept. 08, 2023)

SAUSD did not respond to requests for comment but has defended the courses as balanced and appropriate. The case highlights ongoing debates over ethnic studies curricula in California schools. There have been disputes over critical race theory, how law enforcement is portrayed, the Israeli/Palestinian conflict and use of words like colonialism, imperialism and white supremacy.

According to the lawsuit, SAUSD created an Ethnic Studies Steering Committee in 2020 that operated behind closed doors for years, deliberately avoiding public scrutiny. The committee allegedly excluded Jewish perspectives and developed course materials promoting biased views about Israel and Jewish people.

Evidence cited in the motion includes text messages between district officials discussing scheduling course approvals on Jewish holidays to prevent Jewish community attendance. The plaintiffs also allege committee members made antisemitic comments and hired a consultant who posted anti-Israel content on social media.

The lawsuit seeks to have SAUSD's ethnic studies courses declared invalid and resubmitted for approval only after proper public notice and comment periods. It also asks the court to order the district to comply with open meetings laws going forward.

A hearing is scheduled for Sept. 19. The outcome could have significant implications for how school districts develop potentially controversial course materials.