a true threats, fighting words, incitement and obscenity are categories of unprotected speech that we allow the government more leeway in regulating. so what does all this mean in the k-12 context? the supreme court has famously said students and teachers do not lose their first amendment rights of the schoolhouse gate. but the court has also recognized public schools necessarily have more authority to regulate speech at a school van the government would normally have in other contexts. the government can regulate content like curriculum as long as the decisions are reasonably related to a legitimate education purpose. but authorities may punish students speech only if it will lead to substantial disruption within the school environment. outside of school, students speech is protected by the first amendment. the first amendment also protects the right to access information including students rights to access information through school library shelves. despite this, school board officials, lawmakers and others

across the country have recently stepped up efforts to ban books from circulation and libraries. government employees at work are generally not protected by the amendment but teachers do maintain the rights when they are outside of school just like students. parents also having an important role to play in k-12 schools. families may have the right to get their child out of select teachings but nhe right to control what all children are allowed to learn including content about racism, sexuality and gender expression. finally, i hope we can remember that when we are exposed to more speech and information, we can and need to change our mind. i submit that between throwing up our hands into saying there's nothing we can do to address controversial speech and excommunicating people because of what they said or thought are all the good ideas for how schools and communities can heal and grow together. i appreciate the opportunity to speak with you today. >> thank you very much. you are recognized.

welcome to the committee. >> chairman, ranking member and members of the subcommittee, thank you for asking me to participate in this conversation about anti-semitism in k-12 schools. i hope the ongoing work we are doing at berkeley unified will provide every student safe, welcoming and humanizing classrooms during these challenging times. i am the superintendent of berkeley unified school districts. i'm honored to be the steward of the powerful mission to enable and inspire the diverse student body to achieve academic excellence and make positive contributions to the world. i grew up in inglewood california and witnessed how naturally brilliant and curious black and brown children thirsty for engagement or trapped by narratives that left them misunderstood and often ignored. these experiences form the roots of my belief that schools must nurture their heart, soul, purpose and intellect of each child. berkeley unified we work to

ensure that each and every child is seen, valued and educated. we embrace this work every day and it is what called me to do this work and in this district. a small labors urban school district serving around 9100 students and our 11 elementary schools, three middle schools and two high schools. many know that i often describe our students as our babies. as young as four, they are all someone's babies, the most prized creation. it's a privilege and ultimate responsibility to serve them. public schools reflect the values and aspirations of local communities. berkeley is no different. our history of activism, social justice, diversity and inclusion is alive and well today. and we recognize the need to teach students to express themselves with respect and compassion. this is why we passed the policy against hate speech last year. a true equity and inclusion requires deep listening, ongoing reflection, engagement and continuous learning. as i have engaged members of the

community, some have shared painful experiences of anti-semitism. anti-semitic incidents in the schools are never acceptable, and they are not who we are. the conflict in the middle east has directly impacted our schools. students and staff have family and friends who've died over the october 7 attack. and many have deep concerns for what is happening in israel. berkeley born israeli american first goldberg poland was kidnapped on october 7. members of our community were shirts taped with a number they've been held captive most heartbreaking in israel and gaza the death and suffering includes children. as educators, too often we are called upon to address heart wrenching events that occur far beyond the walls of our classroom. young students tied to israel or gaza some deeply traumatized by

but they hear sit side-by-side in the classrooms. they are friends. we work hard to make sure they are all seen at a safe. our babies sometimes say hurtful things. we are mindful that all kids make mistakes. we know that our staff are not immune to the missteps either and we don't ignore them when they occur. when the days of october 7, we began providing resources to families and educators about how to support our children and each other. since october 7, the district has had complaints alleging anti-semitism from nine incidences within our jurisdiction. however, anti-semitism is not pervasive and berkeley unified school district. when investigations showed an event has occurred, we take action to teach, correct and redirect our students. we do not share 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.

likewise, when an investigation shows one of our educators crossed the line, we take appropriate action. in california personnel so nondisclosure is seen as inactive. for each individual that makes up the beautiful fabric this month for the third year we are celebrating jewish american heritage month. we are a community with the differing deeply held beliefs and challenging moments and it is and can be uncomfortable. as i speak to you right now our families are packing school lunches, students are heading to bus stop seemed educators are turning on classroom lights. as soon the bells will ring and our students will begin learning side-by-side. i look forward to this conversation this morning, but i also look forward to getting back to continue to do the work that needs to be done in berkeley.

>> thank you very much. under the committee rule, we will now question witnesses under the five minute rule. put the clock on me because i'm going to begin. does israel have the right to exist as a jewish state? >> yes. >> is the praise from the river to the sea palestine will be free, is that anti-semitic? i think most people experience that as anti-semitic and as such it is not allowed in our schools. i would put you down for the yes is that okay? >> yes. >> [inaudible] >> yes or no. >> for the e your finger yes or no. >> it is if it's calling forsh e elimination of the jewish people in israel. i will say i recognize it does have different meanings, --

>> obligate nga's. i've got to vote because five minutes goes by so fast. were hamas actions on october 7, was that a terrorist attack, mr. >> silvestri? >> ms. ford morthel? >> guess. >> is terrorism ever just let? >> i don't think so. >> not terrorism, , no. >> ms. silvestri? ms. ford morthel? >> i would be, no. >> congratulations. y'all have all done a remarkable job testifying but just like some college presidents before you that sat in the very same seats, that also in many instances said the right thing but then we watched the tv monitors and america watched the monitors of their campuses on fire with hatred, really reversing everything they said that they are protecting students. and when they were really not. this morning i attended a gathering, press conference just a chance to students and teachers and parents in your

school districts that it said nothing is being done. some really horrible things. we get reports in your school districts or across america corp. over to under 46 very vile anti-semitic acts that it happened. the mr. banks, what are you doing with teachers, teachers that are teaching hate? abbey fired any,, have you gottn rid of any? what are your actions say? you are a man that has his bases in school safety and you said that earlier. have you fired teachers that are teaching this? >> anyone that would suggest, anyone who suggest we haven't done anything, that asserting not correct. we havee done quite a bit. i can remember this is a very large system and when incidents arise, we investigate everyte single one of them. we take them very, very socially. we have taken a wide range of disciplinary actions on all of

these issues. and so speed is students been fired, , expelled? >> we don't fire students. >> i stand corrected. >> but we have, we have given appropriate discipline. i said a opening testimony, , we range of students have been suspended from school. with taken action against employees. we areer committed people as we. >> you have committed people. >> was absolutely. >> ms. silvestri, i met with one of your students this morning who, it's one thing bullies exist but the student has said but for being jewish, i suffered physically, suffered physical harm. have you expelled students and teachers in terms of speaking -- >> in terms of speaking first about teachers, we haven't taken action in some cases. we put them speed you got rid of teachers. you said they don't belong in montgomery county schools?

you teaching hatred andnd movie review, as it happens from? we have taken this blurry action come yes. >> have you fired anybody? >> no. >> so you allow them to continue to teach hate. one ofon the people at this meeting i gathered was one off your teachers, one of your teachers who was of jewish who isis scared for her life and a suffered greatly because she is reporting, she is reporting anti-semitism on your campus in one of your schools, yet she's the one of that suffering. are you aware of this? >> i don't have all the details of that case, but retaliation against teachers is not acceptable in her school district. >> so you haven't fired anybody. do you think people need to be fired if there teaching hate, hatred and letting people -- >> absolutely. as a part of our a process the teachers that have been discipline know that that this happens ever again there will be deeper consequences up to and including termination. >> you were going to to face these people.

i'm telling you they're fired up and have stories thatp are heartbreaking, heartbreaking. it's hard enough to go to school as a kid without suffering. it's just a shame. i think we're better than this as a nation. it's time to all stand together. i've got so many questions and i will now yield to ranking member bonamici for five minutes. >> thank you very much chairman. thank you to the witness. as i stated in my opening statement the need to balance the civil rights of students to be free from discrimination under title vi of the civil rights act with the first amendment right to freet speech and expression. i want to reiterate that we must get together gives anti-semitism and do more to combat the harassment of jewish students. first and foremost we must support the department of education's office of civil rights. ocr is the primary office for investigating and intervening in title vi violations andd that's true both in k-12 schools and on college campuses. ocr continues to investigate a

record number of incidences of his commission and hate receiving more than 19,000 complaints in 2023. 2020 for the office has already seen about a 26% increase in complaints. now despite those challenges in increasing cases ocr has only half the staff that he had when it was established 45 years ago. so half the staff but it increased in the significant increase in number of cases. there's no question morebe resources are needed to hire additional staff and increase the capacity of the office to fulfill its mission. unfortunately, the appropriations committee majority hasasap proposed a 25%t to the program. for fiscal year 2024. we can't cut a program when there's increased need and there's already only half the staff it had 45 years ago. well thankfully, this cut was not enacted but as of the memos of this committee would agree, maintaining funding come funding at the current level is still not enough.

given the volume a of a discriminatory instances in our nation's schools. i'm going to start with a question for chancellor banks. what steps has your school system taken to address anti-semitisme proactively befoe becomes a problem? for example, can you tell us more about your meeting the moment plan and the ways that addresses safety education and acacia pgh yes. first of all and would talk about safety because we really start with that and that is reinforced by the fact that we take action and every single one of theseio cases. whenever an issue is brought to attention, i can't state that i can prevent every incident from ever happening, but our role as leaders are to make sure once it is brought toe our attention tt we respond in an appropriate fashion. that is what we'veve been doing since this time. we had 281 incidents since october 7, approximately 2% were anti-semitic and 30% were islamophobic. this is an issue that ranges from both sides.

we take every single one of those very, very seriously. we investigate and then we initiate the appropriate level of conduct. this this is a student code f conduct. more than 40 plus page document has been developed over many, many years. we certainly would seek to enter this into evidence or put this on the record for this committee, but -- >> i also asked to be admitted into the record. >> without objection. >> thank you. there's a wide range of disciplinary processes that we take place. we have to follow a process of due process. our teachers are reps invite units, they have rights, and we engage them in the process. >> thank you. what he could eat other witnesses but thank you so much. i know you've all expressed a desire i could decide to work with outside groups to address at the semitism in your skull to six. silvestri and ms. ford morthel, what is your approach am having despicable help prevent issues and pets it is the anti-semitism? ms. silvestri and then ms. ford

morthel. >> our partnerships with our community organizations ring expertise, cultural expertise that may be some of her school to not have. they help enhance the work we do with, in this case, i hate vice action plan. we have 12 different committee groups with very different perspectives to help us get it right. we want to get right in the community trips up a student thank you. and ms. ford morthel. >> i would agree. it is both bring expertise but also bring what i think is really important, the opportunity to listen and learn and understand different perspectives and experiences. that something we do in berkeley we really value we do believe in the value of collective coming in and sharing different ideas and perspectives into voice address issues. we truly believe that just expertise but the collaboration and bringing together different minds and hearts will lead us to the best with forts but i'm almost of time but in my remaining 35 seconds, mr. sykes, if you could summarize what is he in play between title vi of

the civil rights act and the first amendment in schools? >> sure, thank you. the school must act when it is a hostile educational environment under title vi. that means this unwelcome conduct based on a protected characteristic that subjectively or objectively offensive, and so severe or pervasive that it limits or denies a persons ability to participate in or benefit from an educational program. so the law is clear the schools must act in the situations, notwithstanding the tinker that we described earlier. >> eatery when you funding to do that? >> absolutely. >> thank you. i yieldbs back. >> when i could is a great state of utah, esther burgess you are recognized for five minutes. >> thank you. first of all, thank you to the witnesses for being here today. it's one thing to about the bigoted behavior present on today's college campus for its activist teachers and the similar questions, spreading the visceral of hate toward children in classrooms throughout our nation.

unfortunately and all too often these carriers of hate are teachers and school administrators and discarded her kids who are supposedly teaching. children as young second-grader been taught to hate jews. how did this come about? mr. banks, quick question. in the press release shortly after thein fence of the high school were students stormed the building demanding teachers resignation and attend to enter the teachers room where she said she had, where she had piggies had this notion that this place, these kids are radicalized and anti-semitic is the height of irresponsibility. do you think that these kids were not radicalized? do you stand by that statement. >> was first of all let me say this. hillcrest high school >> is a squat graduate from. >> no, no, no. i'll have a few minutes. this statement do youou still stand by the statement? >> my statement at the time was that yes, i stand by that statement because the entire school is not radicalized. >> all right. so if you're a a black teacher d

these are kids coming in because of her skin, because of her background, hiding out for twowo hours in the classroom, these high school kids i know that. >> would you still say this is not radicalized, there's something wrong with this? >> the skids engaged, the kids who were responsible engaged clearly an active anti-semitism. >> okay. my question is, it is this ia black teacher being threaten and pushed by some white bigots, would you still say that these kids are not the problem, not being radicalized by hatred? >> if it was a black teacher that was being targeted, absolutely unacceptable, and this was unacceptable. >> let me ask you -- >> i'm sorry. whether any consequences? i mean, i'm hitting nice words, really nice words here, teaching, redirecting, directing. what i'm missing his discipline and the missing the word fired.

has anything happened to these kids that did this to the -- >> is teachers hiding up at your? d >> i'm not if you would cody what i sit. what iai said was very clear. we suspended a number of students who were the leaders at hillcrest high school, number one. two, we removed the principle of that school or a lack of a leadership and oversight. i don't how to make h a much clearer. i contend clearly what happened atne hillcrest was a complete active anti-semitism. it will not stand on myt watch. we responded and how to make it any more clear.o >> glad to hear somebody was fired in that period was the principal fired or just transferred to another school. >> with the principal was removed from the school. >> was he taken to another school or fight? >> he's not in another school.no he's not a fun in children. >> ms. ford morthel, the brandeis center has reported at those misguided administrators have attempted to resolve problems involving teachers by students, jewish students and israeli students into new classrooms. as a result anti-semitism,

anti-semitic is normalize. quick question. how does this work? so you find teachers that are bigots, and a set of firing them, just treasure them y to where they can still remain bigots? is at the way this works? spent a little confused by the question. you started with students and venue to teachers being moved. i'll tell you assess something we normalize come not something we agree with and we take action every type this is -- >> i'm running that addition understand how this works. when you have teachers that are teaching it to our kids and showing it and her students are being, are feeling fearful for this, are they transfer to another school? it appears there's moving to another place. in this case here, i guess that's a question i have. how is this being resolved? >> if we have a concern or complaint about anti-semitism or in form of hate, we take it very seriously. we investigate and we take

action pending outcome that investigation is okay. i guess the action is that firing, issues moving someplace. the word action is subjective obviously. ms. silvestre, real quickly, there's been several complaint filed by the department of education civil rights, and again, result in what administrative leave and three others in cancer. same question, how is is working out or to have process will begin get bad teachers under the classrooms, that administration teaching our kids to hate like this? are we addressing that all? >> in all of those cases teachers work but only so we could do a thorough investigation. disciplinary action was taken. [inaudible] >> i guess i'm just concerned. we want results. we want discipline. we see was happening to her kids and were not taking up the cancer which these teachers omcoming in, administrators thas pushing down their hate,oo everyday in these classrooms asr a bad day for kids.

are we getting rid of any these people are just taking action or other actions? >> desperate action has been taken in all of those cases. they understand any other for the action will eat up to termination. >> thank you very much. let's go to the great northern mariana islands where mr. sablan is recognized for five minutes. >> i give a much mr. chairman, and good morning to our witnesses, welcome. this is a really difficult issue, and it's an issue difficult for me also because it has happened in my district in the past. but in my observation, schools very frequently on almost every trip i take home, i don't see that existing in our schools, and there is a diversity of different ethnicities, different

people. i'm not sure why. there may be something in there, there is bullying i'm aware of. i have to teachers in my family. there's bullying. i'm not sure about anti-semitism or islamophobia. there must be back it's not obvious. i need to ask the question for mr. sykes or stars, may i? a few institutions are owned or acting on behalf of the government, the state such as k-12 schools must respect constitutional free-speech of individuals, but that does not mean that some schools must allow the campuses to become institutions where the speech is pervasive. so given the first amendment speech protections, how can a public school work to make the

campus a welcome space to all students in the face of incidence of hate speech of any kind on campus, generally? >> thank you. as the only not educator on the panel, i'll do my best to answer your but i think the work of creating an inclusive environment where students feel free to express themselves and to learn and grow happens long before any of these particular incidents. i think it's a part of establishing a school community that is accepting and welcoming. as i said, we at the aclu believe strongly in the importance of protecting the free-speechfr rights of student, of teachers and apparent but those are not unlimited. as i mentioned title vi says the schools must act when there's a hostile educational environment. if i can respond to the previous question. it doesn't say someone must be fired. we need to think more creatively about how we can respond to anti-semitism and route up this idea. i do want anyone fired.

>> firing may be appropriate in certain circumstances but i think we need to think about how we can address anti-semitism, change hearts and minds, take children safe without only looking to the most punitive tools in ourou toolbox. >> thank you. i yield my remaining time to ms. >> thank you, mr. sablan. first, i wantrs to thank you all for your testimony and your condemnation of anti-semitism and the steps you are taking. as we all know we're facing particularly difficult time forr jewish s students and their parents. i've talked with jewish student inin my district who are experiencing anti-semitism in north carolina. this is traumatizing kids. it's distressing parents. it's putting pressure on teachers and principals and superintendents. i feel strongly that this can be a powerful teaching moment. this is the time when schools should do what we expect them to

do. they should teach. they should teach the facts. a should teach understanding. they should teach empathy, , and they should teachat critical thinking skills. yet, many students, many teachers rather, are struggling tout figure how to handle the different kinds of anti-semitism that's going on not only to teach the holocaust but also in discussing what's going on in the middle east. and sadly, some teachers are simply getting the facts wrong and they are adding to the distress of students and parents. i would like to start, i will have to pick up when my time picks up later, if each of you could describe what resources are your teachers using to navigate the difficult questions about anti-semitism or the israel gaza conflict? and mr. banks, let's start with you. >> we'll have a short amount of time but this work engage our partners. i'm joined e today by a lady whs

son was killed and one most heinous acts of anti-semitism almost 30 years ago. she created the jewish children receive to teach the history. i sent thousands of students to this museum and we will continue to send even more. i'm joined by michael cohen from the simon wiesenthal museum of tolerance. they are in our schools. the gandhi hillcrest and are engaged in this process. we're tryings to avoid just casting aspersions. we're trying to rein into how you teach. that's how you will. >> thank you. this time a is expired. i'll be back later. thank you so much. >> let's go to the great state of michigan where ms. mcclain is ruggedness of five and. >> thank you, mr. chair. make one comment, mr. sykes. therein lies the problem. your ability to tolerate this behavior is completely unacceptable, and sometimes you

do need to use the stick. because disincentives work. so with that, i was just appalled by the answer. but any rate, mr. banks, i appreciate your passion. i love it. it is so refreshing to see. i'm going to ask you a couple of questions. i think the really simple. but then i want to move outcomes and what we can do to actually make change. because i think you said something very insightful. we need to get to the root of the problem andhi change the curriculum and change how we teach, right? so i'm assuming you're going to agree with me but let me just, death to israel, is that at this and it? >> of courses. >> of course. kill the jews, anti-semitic? >> of course. >> absolutely. trying swastikas or mimicking him to become is at anti-sem. >> was absolutely. i hate crime in new york. >> all of these activities are anti-semitic.al

vandalism of school property, right? writing. we agree on that,l right? and we talked about taking action, right? and action is a vague term. so let's move from actions to outcomes, because sometimes when we take action we don't get the desired outcome we appreciate, or we want, right? so let's take a look at what actions you have taken and what is been the result of reducing the anti-semitism in your schools. >> let me give an example. an example of what was raise, passionately brought up, my alma mater that i went to wear a jewish teacher was targeted in a frightening episode. we didn't accept that. we pushed back on that tremendously. >> can you give an example of pushback? because to be pushback is those

people i've dealt with swiftly. but what your definition of pushback? >> in terms of outcomes can what i meant was we suspended students. we removed the principal of the school. we engaged the simon wiesenthal center for deeper dive and education of those kids. the teacher who was targeted need a a decision, i think one f the most horrible things i've ever heard, to actually come back. she could've gone to another school. she made the decision to say -- >> you find the people. you fired -- >> we move people, actually, and the -- >> the outcome is what happened at that school now has transformed insignificant . we are not fully arrived. this is work in progress. >> i did it. what if you done to change her r curriculum. >> yeah, so we've engaged in a wide range of new resource guides teaching about anti-semitism. we're teaching about speed what others resource guides? >> we are working together with you museum of