Los Angeles — A federal judge has dismissed a lawsuit targeting the United Teachers Los Angeles and a group responsible for developing a debated ethnic studies curriculum, which has been implemented by several school districts across California. The lawsuit, initiated by Concerned Jewish Parents and Teachers of Los Angeles, claimed the curriculum propagated views that were antisemitic and alienating to Jewish and Zionist teachers.
Judge Fernando Olguin of the Central District of California delivered a forceful 49-page pretrial ruling on Nov. 30, determining that the complaint was convoluted and lacked persuasive evidence. The dismissal “with prejudice” prevents the plaintiffs from filing a similar lawsuit in federal court again.
The plaintiffs argued that the Liberated Ethnic Studies Model Curriculum Consortium, along with the teachers’ union, its president Cecily Myart-Cruz, and members of the LAUSD-UTLA Ethnic Studies Committee, promoted a curriculum that they say condemns capitalism, white privilege, and Zionism, while depicting Israel in a highly negative light. The lawsuit also stated that Jewish or Zionist teachers felt unwelcome and faced hostility in this educational environment.
Educators affiliated with the consortium, largely composed of ethnic studies faculty from institutions like California State University and the University of California, defended their curriculum. They describe their approach to ethnic studies as critical of colonialist perspectives and assert their curriculum is not antisemitic but anti-Zionist, drawing parallels between Israel and historical colonial powers.
This curriculum emerged after several educators formed the consortium in response to the California State Board of Education rejecting what they had initially proposed due to concerns of being overly ideological. Subsequent legislation, Assembly Bill 101, now mandates high school students to take ethnic studies to graduate, starting in the 2030-31 academic year. However, the bill explicitly advises against using the unadopted writings from the curriculum’s earlier drafts, influenced by the Legislative Jewish Caucus.
Following the ruling, defendant Theresa Montaño, a Chicano/a Studies professor at CSU Northridge and a member of both the LAUSD-UTLA Ethnic Studies Committee and the consortium, celebrated the decision online. Montaño expressed the verdict as a victory for academic freedom and vowed to continue advocating for comprehensive ethnic studies in California schools.
Mark Kleiman, representing the defendants, reassured educators during a press briefing that the ruling signifies that similar legal challenges can be overcome in a fair court setting.
The opposition remains steadfast, however, with the legal director for the Deborah Project promising to appeal the decision. They argue the ruling overlooked significant allegations and judicial precedents and mismanaged the presented arguments.
The implications of this ruling on similar cases are uncertain. Notably, upcoming litigation includes allegations of antisemitism involving other California school districts and their handling of ethnic studies curriculum. These cases continue to probe the complex intersection of education, free speech, and anti-discrimination policies in the educational context.
Additionally, claims that the lawsuit’s lack of direct involvement from LAUSD as a defendant weakened its standing underscores the specific legal challenges posed when curriculum contents are in dispute.
This unanimous court decision highlights a broader societal debate on how educational curricula address controversial topics while maintaining an inclusive environment for all students.
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