Palestinian teacher gets another chance to pursue civil rights claims against Grossmont school district

SAN DIEGO (CN) — A long-time public high school teacher of Palestinian heritage will be allowed to amend claims that her constitutional rights were violated in a lawsuit against the school district where she works.

San Diego Superior Court Judge Carolyn Caietti appeared ready to dismiss several claims against the school district and one of its principals, but changed course after hearing arguments from the plaintiff’s attorney Friday morning.

El Cajon Valley High School English teacher Bassemah Darwish sued the Grossmont Union High School District in late 2025, saying her principal told her a Palestinian song she selected for a school playlist was inappropriate. The song, “Ana Dami Falasteeni” (“My Blood is Palestinian”) by Mohammed Assaf, was scheduled to play for one minute during a passing period in place of the school bell.

Darwish, an English teacher who has taught at El Cajon Valley High School for more than 20 years, claims the district violated her First and Fourteenth Amendment rights by preventing the song from being played, along with related state-law claims.

In an amended complaint filed last week, Darwish says El Cajon Valley High School Principal Robert Stirling initially barred the song from being played around May 9, 2024, then reversed that decision after speaking with her. According to Darwish, Stirling changed his mind again after another teacher intervened.

Stirling reportedly told Darwish the school should avoid politicizing the one-minute music program “under the current global circumstances” to prevent potential disruptions.

In a court brief, the school district argued that playing “Ana Dami Falasteeni” would inevitably spark debate, and potentially violence, between Palestinian and Jewish students. El Cajon, California, is home to a large Arab and Middle Eastern community.

Darwish says the district opened a retaliatory investigation into her classroom writing materials after she complained of discrimination. She claims administrators criticized her personal writings about life in Palestine and her firsthand experiences with IDF soldiers.

The school district stands by its decision to prohibit the song. A spokesperson said that it respects the deeply held beliefs of its students and staff, but also has an obligation to maintain safety on its campuses.

“Consistent with that responsibility, the district has the discretion to restrict the playing of music over its PA system that contains language, messages, or other content that may be offensive, polarizing, or could lead to disturbances on its campuses,” district spokesman Collin McGlashen told Courthouse News in an email. “During the events at issue in this litigation, the district exercised that discretion based on the strong political, cultural, and religious undercurrents associated with the song and the broader political climate at the time the request was made.”

Initially, Caietti sustained the district’s unopposed demurrer without leave to amend.

She found the complaint did not sufficiently show that Stirling personally engaged in conduct that a reasonable person would have understood violated a constitutional right. Caietti also dismissed Darwish’s Monell claim against the district, finding the complaint lacked sufficient facts.

Additionally, Caietti struck the newly filed amended complaint because it was five days past due.

But attorney Hani Habbas, representing Darwish, argued that he should at least be allowed to fix the deficiencies Caietti found in the original complaint.

Caietti, who was pressed on time, allowed Habbas to describe how he would fix each of the causes of action she took issue with.

Habbas argued that Darwish was the only teacher asked to change her song selection despite other cultural, political and even racy songs being allowed during the one-minute passing period.

As one example, Habbas noted the district permitted the Red Rider song “Lunatic Fringe,” a 1981 hit about political extremism that references antisemitism and the Holocaust.

Habbas also argued he should be allowed to amend the claims against Stirling, contending the principal personally participated in violating Darwish’s constitutional rights and should not receive qualified immunity.

He further sought to amend Darwish’s Monellclaim, which contends the district maintained a policy or custom that discriminated against Palestinian identities.

“At minimum, it’s an issue I should be allowed to brief, not dismissed with prejudice,” Habbas said.

However, attorney Erin Taylor, representing Grossmont Union High School District, disputed Habbas’ arguments on procedural grounds. These were arguments she was not ready to hear, she said.

She urged Caietti to affirm the tentative as it was written.

“Counsel essentially just read an entire brief to you that was never provided to us or given us a chance to address those arguments,” she said. “The point of requiring him to do so before opposition is so we have notice of arguments he is going to make.”

But Caietti said the California Courts Appeal require the court to more freely allow for amended pleas.

“I’m inclined to give him that opportunity not wit standing what the tentative says,” she said.

Caietti affirmed her tentative ruling, but granted Darwish leave to amend the claims on the condition that there are no additions.

“You cannot add parties or causes of action in response to this ruling,” she told Habbas. “That is a separate motion to amend.”

The parties will reconvene in September.

Grossmont Union High School District is also facing similar lawsuits regarding anti-LGBTQ discrimination.