FCMAT
Alameda County Office of Education — Oakland USD Assembly Bill 181 Management Letter
Assembly Bill 181 letter
Read the report at Alameda County Office of Education — Oakland USD Assembly Bill 181 ↗
March 31, 2023
Honorable Joe Stephenshaw, Director
California Department of Finance
915 L Street
Sacramento, CA 95814
Honorable Phil Ting, Chair
California State Assembly Committee on Budget
State Capitol, Room 6026
Sacramento, CA 95814
Honorable Nancy Skinner, Chair
California State Senate Committee on Budget and Fiscal Review
State Capitol, Room 5019
Sacramento, CA 95814
Dear Director Stephenshaw, Chairperson Ting and Committee Members, and Chairperson Skinner and
Committee Members:
This letter is submitted for your consideration in accordance with the Fiscal Crisis and Management
Assistance Team’s (FCMAT’s) responsibilities under Assembly Bill (AB) 181 Section 36, which added Section
42162 to the Education Code (EC), regarding the Oakland Unified School District (district).
Background
In 2018, AB 1840 added EC 42160 to aid in the district’s fiscal recovery. The relevant provisions of AB 1840
expired in fiscal year 2021-22. The relevant provisions of AB 181 are considered a modified extension of the
basic concepts in the prior legislation.
Education Code Section 42162(b) states:
In the 2023-24 fiscal year, the annual Budget Act shall include an appropriation for the
Oakland Unified School District, if the district complies with the terms specified in sections
(a) and (c), of up to 25 percent of the district’s projected operating deficit, as determined by
the County Office Fiscal Crisis and Management Assistance Team, with concurrence of the
Department of Finance.
The intent of this letter is to provide you with FCMAT’s findings regarding the district’s achievement of the
requirements outlined in EC 42162(a) and (c).
Education Code Section 42162(a) states:
By April 1, 2023, the Oakland Unified School District, in collaboration with and with the
concurrence of the Alameda County Superintendent of Schools and the County Office Fiscal
Crisis and Management Assistance Team, shall do all of the following:
Michael H. Fine • Chief Executive Officer
1300 17th Street – City Centre, Bakersfield, CA 93301-4533 • Tel. 661-636-4611 • Fax 661-636-4647
www.fcmat.org
(1) Update or develop short-and long-term financial plans based on reasonable and
accurate assumptions and current and past year expenditure data.
(2) Review and update school district facilities construction plans to ensure that costs are
reasonable, accurate, and align with long-term financial plans for fiscal solvency.
(3) Undergo an on-time annual independent audit pursuant to Section 41020 that is free of
material weaknesses and that includes an unqualified opinion. Furthermore, the audit
shall be free from any material internal control findings.
Education Code Section 42162(b) specifies the amount of the additional apportionment available to the
district if it meets all the requirements specified in sections (a) and (c) and will be addressed later in this
letter.
Education Code Section 42162(c) states:
Disbursement of funds specified in subdivision (b) shall be contingent on the Oakland Unified
School District’s completion of activities specified in the prior year Budget Act to improve the
school district’s fiscal solvency. These activities may include, but are not limited to, all of the
following:
(1) Updated comprehensive operational reviews that compare the needs of the school
district with similar school districts and provide data and recommendations regarding
changes the school district can make to achieve fiscal sustainability, with progress
updates on each of the recommendations.
(2) Adoption and implementation of necessary budgetary solutions
(3) Completion and implementation of multiyear, fiscally solvent budgets and budget plans.
(4) Qualification for positive certification pursuant to Article 3 (commencing with Education
Code Section 42130) of Chapter 6.
(5) Sale or lease of surplus property.
(6) Growth and maintenance of budgetary reserves.
(7) Approval of school district budgets by the Alameda County Superintendent of Schools.
(8) Prompt appointment following a competitive process of a permanent, experienced, and
highly qualified chief business official for any vacancy of chief business official.
FCMAT Analysis and Findings Relative to EC 42162(a)(1)-(3)
(1) Update or develop short-and long-term financial plans
The district has prepared the statutorily-required interim reports and has included with
those reports the multiyear projections (MYPs). The 2022-23 second interim report includes
MYP scenarios with a reduced cost of living adjustment (COLA) in 2023-24 of 6.4% as an
alternative plan if the estimated 8.13% COLA is not fully funded.
On February 24, 2021, the board approved the Fiscal Sustainability Plan (Appendix A),
a revision to the Fiscal Vitality Plan. The new plan acknowledges that the Fiscal Vitality
Plan contained activities that concluded in 2020. Although prior plans included specific
actions and measurable items, the new plan lists areas to be addressed and states that
the measurable actions will be identified each May and approved annually by the board in
June.
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A review of board agendas, minutes and, where available, video recordings to date did not
provide evidence that the district has identified measurable actions or that any have been
approved by the board each June since the Fiscal Sustainability Plan was adopted.
On January 12, 2022, the board approved Resolution 2122-0026 - Quality Instruction
and Student Supports, Adequate Staffing, Competitive Compensation, and Long-Term
Fiscal Stability (Appendix B). The goal of this resolution was to reduce the number of
school sites and associated costs, freeing up ongoing funds for other priorities. The
estimated staff savings from the school closures was $5.14 million annually. Some of those
funds were to help the district offer competitive compensation. The resolution directed
the superintendent to immediately present a list of schools to be closed, merged, or
relocated at the end of the 2021-22 and 2022-23 school years. The board did close and/or
consolidate three schools at the end of 2021-22.
At a special board meeting on January 11, 2023, the board adopted Resolution 2223-0036
– Rescission of School Consolidations for 2022-23 (Appendix C), which rescinded the
school consolidations scheduled for the end of the 2022-23 school year. The resolution
states, in part:
WHEREAS, the Board unanimously approved a new 3-year strategic plan on June
30, 2021, which (unlikely prior plans) [sic] does not include any reference to school
closures, the Blueprint for Quality Schools, or the Citywide Plan;
WHEREAS, on October 27, 2021, the School Board approved Resolution No.2021-
0128D –Budget Reductions In Lieu of Cohort 3 School Consolidations [Appendix D],
which held that “by approving these reductions, the Board satisfies the conditions
set forth in the Citywide Plan Resolution such that the Superintendent shall no
longer—and the Board need no longer—move forward with consideration of school
consolidations under Cohort 3”;
WHEREAS, in other words, the passage of Resolution No. 2021-0128D effectively
ended the school closure process connected to the Blueprint and the Citywide Plan;
OUSD is not in financial crisis - there is a healthy fund balance and the District is
projecting budget surpluses on all years of the multiyear plan;
With the adoption of Resolution 2223-0036, the district no longer has the estimated
reduced costs, and the board must find other ways to cut expenses. Based the fact that it
has not implemented its Fiscal Sustainability Plan, and its recission of the previous decision
to close or consolidate schools, the district does not meet the requirement of Education
Code 42162 (a)(1).
(2) Review of district facilities plan
The district has not updated its Facilities Master Plan since 2020. The plan is currently
100% funded by general obligation bonds.
The district shared that funding deferred maintenance needs is a priority, and its 2022-23
second interim report includes a budgeted transfer of $3 million to Fund 14, Deferred
Maintenance Fund (which is projected to continue for each of the years in the multiyear
projection). This is a decrease from the prior year’s $5 million investment due to the board
approval of Resolution 2223-0036 – Rescission of School Consolidations. Based on the
lack of an updated district facilities plan, the district is not meeting the requirement of EC
42162(a)(2).
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(3) Annual Independent Audit
An independent audit of the district’s 2021-22 financial statements was conducted, and the
report, dated December 13, 2022, was presented to the governing board on January 25,
2023. The auditors shared that the audit process has improved over the last five years, and
they were able to complete all fieldwork and submit the audit before the statutory deadline.
They also acknowledge that many of the audit findings have remained for several years
and that although findings are ideally resolved within a year, the number of findings
presents a challenge and would take additional time to resolve completely.
The 2021-22 Independent Auditors’ Report’s Summary of Auditors’ Results (page
87) (Appendix E) indicates that the type of auditors’ report issued was unmodified.
However, material weaknesses in internal control over financial reporting were identified.
Furthermore, the 2021-22 Independent Auditors’ Report on Internal Control over
Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial
Statements Performed in Accordance with Government Auditing Standards for the Oakland
Unified School District (page 76) cites deficiencies in internal controls that were considered
to be material weaknesses and significant deficiencies. The report goes on to state the
following:
A deficiency in internal control exists when the design or operation of a control
does not allow management or employees, in the normal course of performing their
assigned functions, to prevent, or detect and correct, misstatements on a timely
basis. A material weakness is a deficiency, or a combination of deficiencies, in
internal control, such that there is a reasonable possibility that a material misstate-
ment of the entity’s financial statements will not be prevented, or detected and
corrected on a timely basis.
We identified certain deficiencies in internal control, described in the accompanying
schedule of findings and questioned costs as items 2022-001 through 2022-006
that we consider to be material weaknesses.
Details of each finding containing deficiencies in internal control that were considered to be
material weakness are found on pages 88-95 as follows:
2022-001 Human Resources/Payroll Internal Control Process, Pension (repeat audit
finding)
The District could not supply documentation to satisfy us that census information
and payroll amounts reported to pension providers are complete and accurate. We
analytically recalculated these expenses, noting that the payment made to pension
providers during the year appears correctly recorded in the accounting records of
the District. However, since we could not verify if the underlying data on which those
charges are based is complete and accurate, we cannot confirm if the eventual
payments are for the correct amounts.
2022-002 Payroll Internal Control Process, Vacation Tracking (repeat audit finding)
The District could not supply documentation to verify that vacation usage is accu-
rately recorded in the payroll system. That balances do not exceed the maximum
allowed per District policy. In substantive testing of general ledger account
balances, the reported payroll expenditures are fairly stated based on the amounts
paid upon separation. However, we cannot conclude if the District has a complete
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and accurate accounting of vacation balances on which to base payments upon
separation.
2022-003 Payroll Internal Control Process, Vacation Payments (repeat audit finding)
The District could pay $7 million to employees for vacation accumulated; however, it
cannot assert that the amounts paid were actually due to the employees.
2022-004 Health Benefits Governing Board (repeat audit finding)
The formula to calculate the District's health and welfare obligations per the HBGB
agreement is unclear. Specifically, the part of the formula that reads "…take the
FTE from the total of all authorized full-time equivalent positions covered by this
Agreement…as outlined in the Position Control Report as of October 31…" is unclear.
Standard usage of the PCR is for budgeting purposes, subject to estimation risk and
uncertainty.
2022-005 Audit Adjustments (repeat audit finding)
Audit adjustments were necessary for the financial statements to be presented to
conform with generally accepted accounting principles.
2022-006 Twenty-First Century Attendance Reporting
The 2021-22 Independent Auditor’s Report on Compliance for Each Major Federal Program;
Report on Internal Control Over Compliance Required by the Uniform Guidance (page 78)
reflects a qualified opinion on 84.287 Twenty-First Century Community Learning Centers.
There was a material weakness in internal control over compliance and noncompli-
ance because we identified errors in the attendance reported to the CDE.
The 2021-22 Independent Auditor’s Report on State Compliance (page 82) reflects
a qualified opinion on school accountability report card (2022-007), independent
study (2022-008), after school education and safety program (2022-009 and 2022-
010), and immunizations (2022-011).
Based on the evidence provided in the independent audit report, the district does not meet
the requirement of EC 42162(a)(3).
FCMAT Analysis and Findings Relative to Activities Defined in Education Code
42162(c)
(1) Updated comprehensive operational reviews
In October 2020, the district contracted with School Services of California, Inc. to perform a
department organizational structure analysis of Business Services, the Talent Division, and
the Technology Division (Appendix F).
The report’s findings were presented to the board on December 15, 2021. The
report included 14 recommendations for the district to consider. Although numerous
recommendations were made, the large number of schools relative to comparison districts
was mentioned throughout the report. Following are some excerpts from the report:
It should also be noted that because of the large number of schools operated by the
District, many of the economies of scale one would expect to find are absent, as a
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higher level of staffing is required to support the operational functions associated
with individual schools. (page 1)
This factor creates challenges when comparing staffing to other districts and has
a direct impact on the District’s staffing needs to support the higher number of
schools. Staffing a higher number of schools has an impact on central office services
like human resources functions including recruitment, hiring, onboarding, employee
performance management; technology support of schools; and business services
functions such as payroll and budget monitoring. A higher level of service required
from the central office to meet the needs of school staff influences the ability of the
District to reduce staffing levels. (page 3)
Beyond the positions needed to staff a school (including principals, vice principals,
office staff, teachers, and support services, maintenance, operations, and grounds
positions), direct services provided to the schools by central office services are
impacted by the larger number of schools served. For example, the Information
Technology Services Department would need to staff at a higher level to provide
technical support to 81 schools versus the average of 49 schools found in the
comparable district group of similar student enrollment. If a technician is assigned
to support five schools, 17 full-time positions are needed to support the District’s
81 schools, while only 10 full-time positions are needed to support the average of
49 schools found in the comparative districts of similar enrollment size. The large
number of schools in the District require more staff to support, and economies of
scale are reduced leading to less efficient provision of services. (page 3)
Consideration must also be given to the larger number of schools the District
operates—more than double the comparative districts of similar enrollment. (page 5)
While the number of student devices supported may be similar if comparing to a
school district with enrollment similar to the District, a district with a higher number
of schools will require more infrastructure support (networks, wireless access points,
classroom technology, etc.) and potentially more teaching and support personnel
devices to maintain. (page 31)
Another area of concern raised in the report was the nearly total decentralization of the
purchasing function in the district:
Each school is allowed to procure its own supplies and services, which, on its face,
is not a bad practice. However, when multiple schools purchase the same materials
or services and their combined purchase exceeds the bid threshold, the District has
violated the law.
Other than completing the study and presenting it to the board, the district has made
minimal progress on this benchmark.
The district has also entered into an agreement with Public Works, LLC to conduct an
analysis of the level of staffing in the Continuous School Improvement (CSI) Division and
associated departments. According to documents provided by the district, the analysis will
be complete by June 30, 2023.
As noted above, the district has engaged with outside vendors to make recommendations
to better streamline operations, increase efficiency, and provide better services to
students. In one case, the district received recommendations to correct questionable
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purchasing practices that may have legal ramifications. The district should create and carry
out measurable corrective actions based on these reports to address the concerns raised
by the outside vendors.
Status: Not complete.
(2) Adoption and implementation of necessary budgetary solutions
As noted above, in 2021 the board approved the Fiscal Sustainability Plan, a revision to
the Fiscal Vitality Plan. While the prior plan included specific actions and measurable
items, the new plan lists areas to be addressed and states that the measurable actions
will be identified each May and approved annually by the board in June. A review of board
agendas, minutes and, where available, video recordings to date did not provide evidence
that the district has identified measurable actions approved by the board each June. The
district shared that they are working internally and with the Alameda County Office of
Education on the original vitality plan updates and the additional items that were created.
They continue to work on updates to be presented to the board at a future date.
Although the board approved Resolution 2122-0026 - Quality Instruction and Student
Supports, Adequate Staffing, Competitive Compensation, and Long-Term Fiscal Stability
as a long-term solution, on January 11, 2023 the board effectively reversed its decision and
adopted Resolution 2223-0036 – Rescission of School Consolidations for 2022-23.
The district has made minimal progress in this area. The most progress was made through
efforts to implement school mergers and/or closings at the end of the 2021-22 fiscal year.
The Fiscal Sustainability Plan updates have not been made, making this plan ineffective.
Status: Not complete.
(3) Completion and implementation of multiyear, fiscally solvent budgets and budget plans.
As has been the case historically, the district has had limited success with fully
implementing and adhering to reductions adopted in a prior year. As noted above,
the board approved Resolution 2122-0026 - Quality Instruction and Student Supports,
Adequate Staffing, Competitive Compensation, and Long-Term Fiscal Stability specifically
to address the need to provide competitive compensation to its employees; reducing
the number of schools it operates was a solution to free up resources. The actions
taken in 2021-22 to close and consolidate schools were abandoned after only partial
implementation. Although the board has indicated verbally that it will consider school
closures and consolidations again, no formal action has been taken.
On March 9, 2023, the board approved Resolution 2223-0185A - Classified Employees
Reduction in Force Due to Lack of Funds and/or Lack of Work (2023/24 Fiscal Year).
Because the statutory deadline for implementation of these reductions is May 15, 2023, it is
not known at this time whether the board will remain committed to the reductions.
Status: Not complete.
(4) Qualification for positive certification pursuant to Article 3 (commencing with Section
42130) of Chapter 6.
The first interim report, approved by the district’s governing board on December 14, 2022,
contained a positive certification. The Alameda County Office of Education did not concur
with the district’s certification in its letter to the district dated January 13, 2023:
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Given that the Board, which has recently added three new members sworn in
on January 9, 2023, arrives with an ambitious agenda including the passage of
Resolution 22-2731 Rescission of School Consolidations and plans to significantly
increase compensation, but has not yet identified the fiscal impact or a plan to
balance the budget in alignment with their current priorities, we cannot yet confirm
the district will meet its financial obligations for the current fiscal year and subse-
quent two fiscal years.
Based on uncertainties yet unresolved, we have determined the District may not
meet its financial obligations in the subsequent fiscal years. Therefore, per EC
Section 42131(a)(2) as Alameda County Superintendent of Schools, I must change
the District’s certification from positive to QUALIFIED, and to notify the California
Department of Education of this action.
The second interim report, approved by the district’s governing board on March 8, 2023,
contained a qualified certification. As of the date of this letter, the Alameda County Office
of Education had not completed its review of the district’s second interim report.
Status: Not complete.
(5) Sale or lease of surplus property.
The district continues to lease multiple surplus properties. The district has not sold
any surplus property or declared any additional properties as surplus since AB 181 was
enacted.
Status: Not applicable at this time.
(6) Growth and maintenance of budgetary reserves.
As demonstrated by the graph below, since 2017-18, the district has not only increased its
budget reserves but has also corrected the balance of unrestricted and restricted in the
overall fund balance. Best practice is to have greater reserves in unrestricted than
restricted because restricted funds can be spent only for specific programs or services.
This is a significant area of improvement for the district.
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Year Unrestricted Restricted Combined
2017-18 $ 17,974,960 $ 38,612,894 $ 56,587,855
2018-19 $ 30,561,997 $ 40,683,996 $ 71,245,993
2019-20 $ 33,043,818 $ 34,526,380 $ 67,570,198
2020-21 $ 60,443,968 $ 52,920,201 $ 69,356,835
2021-22 $ 92,624,874 $ 67,617,001 $ 160,141,876
Sources: Unaudited actuals data for fiscal years 2017-18 through 2020-21 from Ed Data; 2021-22 from district documents.
Status: Complete.
(7) Approval of school district budget by the Alameda County Superintendent of Schools.
The district adopted its 2022-23 budget on June 29, 2022. The district’s 2022-23 budget
was approved by the county superintendent on September 14, 2022.
Status: Complete.
(8) Prompt appointment for any vacancy of chief business official.
No vacancy currently exists; however, the superintendent intends to eliminate the chief
business official (CBO) position “as it currently exists” at the end of the 2023-24 fiscal year.
The current employees in the chief fiscal officer (CFO) and chief systems and services
officer (CSSO) positions will remain, and all duties of the current CBO will be absorbed by
these two positions.
Status: Not applicable at this time.
FCMAT Analysis and Findings Regarding Activities in Addition to EC 42162(c):
Deficit Analysis
FCMAT used the district-prepared 2022-23 second interim MYP as the basis for the deficit analysis portion
of this report. FCMAT used updated assumptions for enrollment and average daily attendance (ADA),
which are noted in the table below. It is important to note that the district has not settled with the following
bargaining units beyond 2022-23, and no estimated expenditures for settlements are included in the
projection:
Oakland Education Association (OEA)
United Administrators of Oakland Schools (UAOS)
Building and State Construction Trades Council (BCTC)
Teamsters
Management/confidential
Any settlements reached with these groups may have implications for the other bargaining units that have
already settled.
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Assumptions used in FCMAT’s MYP:
2022-23 2023-24 2024-25
Statutory COLA 6.56% 8.13% 3.56%
Additional Investment to LCFF 6.70% 0.00% 0.00%
Enrollment 34,122 33,208 32,258
ADA 30,437.86 29,858.04 28,758.04
Attendance Factor 89.21% 89.91% 89.15%
Unduplicated Percentage 77.27% 78.09% 78.12%
Step and Column 2.0% 2.0% 2.0%
Salary Increase OEA $1,000 Cell 0 0
Salary Increase BCTC, UAOS,
Teamsters, Management/Conf 6.0% 0 0
Salary Increase SEIU 6.0% 2.25% 0
Benefits-Certificated 5.63% 5.03% 5.03%
Benefits-Classified 11.83% 11.23% 11.23%
Health Benefits 11% 15% 8%
STRS 19.10% 19.10% 19.10%
PERS 25.37% 27% 28.10
FCMAT Prepared the following MYP for the combined general fund:
Object
Code 2022-23 2023-24 2024-25
A. Revenues
LCFF Sources 8010-8099 $461,787,961.00 $476,922,257.00 $476,599,837.00
Federal Revenue 8100-8299 $142,344,331.00 $118,423,905.00 $67,357,017.00
Other State Revenues 8300-8599 $210,829,498.00 $126,413,590.00 $127,990,779.00
Other Local Revenues 8600-8799 $83,507,307.00 $83,309,854.00 $83,151,892.00
Total, Revenue $898,469,097.00 $805,069,606.00 $755,099,525.00
B. Expenditures
Certificated Salaries 1000-1999 $259,413,963.00 $243,783,998.00 $238,394,016.00
Classified Salaries 2000-2999 $122,185,848.00 $115,337,631.00 $111,377,305.00
Employee Benefits 3000-3999 $208,418,541.00 $207,583,177.00 $209,363,988.00
Books and Supplies 4000-4999 $71,273,617.00 $54,565,337.00 $53,555,110.00
Services and Other
Operating Expenditures 5000-5999 $179,249,939.00 $162,234,281.00 $136,799,990.00
Capital Outlay 6000-6999 $4,184,921.00 $3,519,012.00 $929,176.00
Other Outgo (excluding
Transfers of Indirect 7100-7299,
Costs) 7400-7499 $14,434,735.00 $10,834,735.00 $10,834,735.00
Other Outgo - Transfers
of Indirect Costs 7300-7399 ($1,024,297.00) ($1,208,729.00) ($1,208,729.00)
Total, Expenditures $858,137,267.00 $796,649,442.00 $760,045,591.00
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Object
Code 2022-23 2023-24 2024-25
C. Excess (Deficiency) of
Revenues over Expen-
ditures $40,331,830.00 $8,420,164.00 ($4,946,066.00)
D. Other Financing
Sources/Uses
Interfund Transfers
Transfers In 8900-8929 $- $- $-
Transfers Out 7600-7629 $3,000,000.00 $3,000,000.00 $3,000,000.00
Other Sources/Uses
Sources 8930-8979 $15,000.00 $15,000.00 $15,000.00
Uses 7630-7699 $- $- $-
Contributions 8980-8999 $- $- $-
Total, Other Financing
Sources/Uses $2,985,000.00 $2,985,000.00 $2,985,000.00
E. Net Increase (De-
crease) in Fund Balance/
Net Position $37,346,830.00 $5,435,164.00 ($7,931,066.00)
F. Fund Balance, Re-
serves/Net Position
Beginning Fund Bal-
ance/Net Position
As of July 1 - Unau-
dited 9791 $160,141,876.00 $197,488,706.00 $209,187,494.00
As of July 1- Audited $160,141,876.00 $197,488,706.00 $205,529,862
Ending Balance/Net
Position, June 30 $197,488,706.00 $202,923,870.00 $194,992,804.00
The multiyear projection indicates deficit spending in 2024-25 of $7.9 million. As mentioned above, any
settlements of salary and benefit negotiations with the above listed bargaining units will affect expendi-
tures and fund balance. Also, changes in any other assumptions such as enrollment, average daily atten-
dance and funded COLA will affect the projection.
Conclusion
Education Code Section 42162(b) provides for an additional apportionment of state funds to assist the
district in achieving fiscal solvency “…if the school district complies with the terms specified in subdivi-
sions (a) and (c)…” [emphasis added]
FCMAT’s evaluation of conditions and criteria outlined in EC 42163(a) confirm that the Oakland Unified
School District did not meet the requirements for additional apportionment specified in EC 42163(b).
Education Code Section 42162(e) requires that the activities identified in subdivision (c) be determined
in the annual Budget Act based on joint recommendations from FCMAT and the Alameda County
Superintendent of Schools. FCMAT consulted with the county trustee and the county superintendent, and
all parties agreed to recommend that EC Section 42162(e) be changed to add specificity to read as follows:
(c) Disbursement of funds specified in subdivision (b) shall be contingent on the Oakland
Unified School District’s progress toward completion of activities specified in the prior year
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Budget Act to improve the school district’s fiscal solvency. These activities shall include, but
are not limited to, all of the following:
(1) Update comprehensive operational reviews not yet completed that compare the
needs of the school district with those of similar school districts, and provide data and
recommendations regarding changes the school district can make to achieve fiscal
sustainability, with progress updates on each of the recommendations. Make progress
to implement the recommendations in reviews already completed.
(2) Establish, implement, and maintain detailed budget reductions identified in the district’s
fiscal recovery plan.
(3) Adopt and implement necessary budget solutions that lead to multiyear, fiscally solvent
budgets that include detailed budget reductions. These solutions should be feasible
and clearly indicate whether the solution is one-time or ongoing.
(4) Qualification for positive certification pursuant to Article 3 (commencing with Section
42130) of Chapter 6.
(5) Sale or lease of surplus property.
(6) Continue the increase and maintenance of budgetary reserves at or greater than
the required minimum. At each reporting period, the components of ending fund
balance and reserves should be sufficiently detailed to comply with Governmental
Accounting Standards Board (GASB) Statement 34, Basic Financial Statements – and
Management’s Discussion and Analysis – For State and Local Governments.
(7) Approval of school district annual budget by the Alameda County Superintendent of
Schools.
(8) Prompt appointment following a competitive process for any cabinet-level vacancy.
(9) Progress in resolving all findings identified in the prior year audit report and
implementing practices necessary to prevent repeat audit findings in each area noted.
(10) Annually, by June 30, identify, adopt and implement measurable actions in support of
the Fiscal Sustainability Plan.
In January 2023, the district made the final payment on the portion of the original $100 million emergency
appropriation that was provided through the California Infrastructure and Economic Development Bank.
This frees up $3.8 million in annual debt service beginning in 2023-24. The district will continue to make
an annual debt service payment of $2.1 million each June for the portion of the emergency appropriation
provided through the state’s general fund. The final payment is scheduled for June 29, 2026 but can be
made earlier.
The district has indicated that starting the process for a fiscal systems audit before it pays off the state loan
is a high priority. Education Code 41320.1(a)(4) states:
Before the school district repays the loan, including interest, the recipient of the loan shall
select an auditor from a list established by the Superintendent and the Controller to conduct
an audit of its fiscal systems. If the fiscal systems are deemed to be inadequate, the county
superintendent of schools, with concurrence from both the Superintendent and the president
of the state board or his or her designee, may retain the trustee until the deficiencies are
corrected. The cost of this audit and any additional cost of the trustee shall be borne by the
school district.
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The governing board introduced the topic at its March 8, 2023, board meeting however, no official action
was taken.
Respectfully,
Robbie Montalbano, CFE
FCMAT intervention specialist
C: Brooks Allen, Executive Director, California State Board of Education
Chris Ferguson, Program Budget Manager, California Department of Finance
Amber Alexander, Assistant Program Budget Manager, California Department of Finance
Abel Guillen, Deputy Superintendent, California Department of Education
Elizabeth Dearstyne, Director, School Fiscal Services Division, California Department of
Education
Yong Salas, Consultant, Senate Budget and Fiscal Review Sub-Committee #1 – Education
Erin Gabel, Consultant, Assembly Budget Sub-Committee #2 – Education Finance
Alysse Castro, Alameda County Superintendent of Schools
Luz Cázares, County Trustee, Oakland Unified School District
Kyla Johnson-Trammell, Superintendent, Oakland Unified School District
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Appendices
Click on any appendix title to view and download that appendix.
Appendix A: USD Fiscal Sustainability Plan
Oakland
Appendix B: Board Resolution 2122-0026 — Quality Instruction and Student Supports, Adequate
Staffing, Competitive Compensation, and Long-Term Fiscal Stability
Appendix C: Board Resolution 2223-0036 — Rescission of School Consolidations for 2022-23
Appendix D: Board Resolution No. 2021-0128D — Budget Reductions In Lieu of Cohort 3 School
Consolidations
Appendix E: 2021-22 Independent Auditors’ Report
Appendix F: School Services of Califoronia, Inc. Comparative Organizational Structure and Staff-
ing Review
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