Will California's Antisemitism Law Counter Trump's Civil Rights Cuts?

Zbur, a Democrat from Los Angeles who was among the law’s authors, said the new Office of Civil Rights and the antisemitism coordinator are not intended to punish teachers. The idea, he said, is to help schools stamp out bullying, discrimination and other acts targeting specific groups of students.

“The idea that this law is about policing is hogwash,” Zbur said. “It’s intended to be productive, to provide districts with resources so they can prevent students from being harmed in school.”

Federal layoffs and closures

Discrimination has long been illegal in California schools. Individuals who feel they’ve been discriminated against can file complaints with the state’s Civil Rights Department or with their local school district. But much K-12 anti-discrimination enforcement has fallen on the federal government’s Office of Civil Rights. Created in the mid-1960s, the office investigates complaints about a range of issues, such as school segregation, unfair discipline practices and whether students with disabilities or English learners are receiving the services they’re entitled to.

In March, the Trump administration announced it was laying off nearly half of the U.S. Department of Education workforce and closing numerous branches of the Office of Civil Rights, including the one in California. That’s meant a steep decline in the number of cases and long delays for those the office investigates. In the three months after the Department of Education cuts, for example, the office received nearly 5,000 complaints but investigated only 309.

On Tuesday, the Department of Education went even further, spinning off some of the agency’s largest responsibilities to other federal departments — including much of the administration of  elementary and high school funding. Project 2025, the Heritage Foundation’s conservative vision for the country that so far Trump has followed, calls for the Office of Civil Rights to become part of the Department of Justice and for it to “reject gender ideology and critical race theory.”

The U.S. Department of Education didn’t respond to a request for comment.

‘Cutting off funding, that’s what works’

California’s new Office of Civil Rights will have a director and several coordinators who will oversee anti-discrimination cases based on race and ethnicity, gender, sexual orientation and religion. The director and anti-discrimination coordinators will be appointed by the governor and confirmed by the Legislature, likely after Jan. 1.

The office will provide schools with materials about preventing discrimination, and work with districts that have been the subject of complaints from students, families or the public. In serious cases, the office will recommend more intensive assistance to the state Department of Education to correct problems. For districts that persistently flout anti-discrimination laws, “the department may use any means necessary to effect compliance,” according to laws already in place. That may include cutting funding for textbooks or other materials found to be discriminatory.

The office will also submit an annual report to the Legislature on the overall picture of discrimination in schools, including the number of complaints, how they were resolved, and their outcomes.

But to be successful, the office will have to be nonpartisan, transparent and fair, Orfield said. Cases against a school should include strong evidence, and schools should have the opportunity to defend themselves and appeal a verdict if they believe it was wrongly issued.

And the office should not shy away from cutting funds to schools that don’t comply, he said. In the 1960s and ‘70s, the federal Office of Civil Rights cut funds to more than 100 schools in the South that refused to desegregate — a move that may have been the only way to force compliance, Orfield said.

“Cutting off funding, that’s what works,” he said. “Although if you’re going to have sanctions, there must be due process.”

Photo ops and reports?

Mark Rosenbaum, senior special counsel for strategic litigation for the public interest law firm Public Counsel, agreed that enforcement will be the key to whether the new office is effective.

“If the office just issues reports and does photo ops, we don’t need another one of those,” Rosenbaum said. “The issue is whether or not they can enforce these rights across the board.”

He’d also like to see the office take a more proactive approach instead of only responding to individuals’ complaints. Education itself, he said, is a civil right, and too many students are not receiving the high-quality lessons in safe, well-equipped schools that they’re entitled to.

Still, he’s happy to see the office get off the ground, particularly in light of the federal cuts to civil rights enforcement.