Oakland Board Approves EBIA Middle School Shift Despite Process Failures

The Oakland Unified School District Board of Education on Nov. 12, 2026, approved East Bay Innovation Academy's request to become a grades 6-8 school. The school had already shut down its high school grades without permission. In a meeting that ran close to midnight, the board also split over $3.5M in parcel-tax reserves and heard a state fiscal team rate the district high risk. Both money fights ended without a resolution.

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• EBIA material revision approved 6-1-2, retroactively approving a high school closure the board never authorized
• Measures N and H Commission says $3.5M was misappropriated; board divided on returning the money
• FCMAT scores OUSD 47.7%, high fiscal risk, citing a plan that doesn't match the budget
• Of $92.3M in gap-closing measures, $63.5M is one-time money, leaving a structural deficit
• Oakland Military Institute renewal draws strong support; directors want data on student dismissals and disability access

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EBIA Gets a Pass After the Fact

Why it matters: The vote approves a change EBIA made on its own. Directors worried it sets a precedent for charter schools that act first and ask permission later.

Where things stand: Kelly Craig Arnold, Director, OUSD Charter Office, laid out the record. EBIA's board voted in May to suspend its high school grades without district approval. The school missed the remedies required in a July notice of concern and cut its own board from six members to three. It also relies on Envision Education, which two of Envision's other authorizers have flagged for financial distress.

Staff made no recommendation. Under the rules, a denial would have required written findings.

EBIA leaders said a 210-student high school could not be sustained. They said middle school proficiency beats district averages and that families were told in November 2025. Asked why the school skipped the approval process, Monique Bonilla, Interim Executive Director, East Bay Innovation Academy, said, "We were given legal advice that it wasn't a material revision needed."

Seven public commenters spoke, including staff, parents and alumni, and all urged approval:
- Keith Vann, an EBIA teacher, apologized for the procedural mistake and asked the board not to erase 12 years of results.
- Anna Flores, a parent, said the leader responsible is gone.

The other side: Directors pressed on governance, fiscal oversight, special education compliance and the Envision contract. "I think this Envision contract is somewhat concerning, right?" said Director VanCedric Williams, who cast the lone no vote.

Director Clifford Thompson told school leaders, "I am going to vote for your approval," and later made the motion. His motion asked EBIA to report back in writing on any financial decisions. General Counsel Jenine Lindsey said that could only be a request: "It is not legally permissible to make … the material revision conditioned on that request."

Decisions and stakeholder impacts: The motion passed (For: 6, Against: 1, Abstain: 2). Voting yes were Board President Jennifer Brouhard, Director Mike Hutchinson, Director Patrice Berry, Thompson and both student directors. Williams voted no. Director Rachel Latta and Board Vice President Valarie Bachelor abstained.

Middle school families keep their school. High school families had already been displaced. The Charter Office now has to enforce reporting it cannot legally require.

What's next: The outcome tests the Charter Office's oversight ahead of EBIA's renewal.

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$3.5M Parcel-Tax Fight Splits the Board

Why it matters: Measures N and H are local parcel taxes that fund college and career pathways. Their oversight commission is accusing the district of misusing them, just as a possible 2028 renewal approaches.

Where things stand: "We believe that the district has misappropriated $3.5 million of unallocated reserve funds from both Measure N and Measure H revenues," said David Kakishiba, Chairperson, Measures N and H Commission.

The commission voted 4-0 against the transfer. The reserves were charged to teacher and case-manager costs. Commissioners said the move violated the measures' rules on four counts:
- per-pupil allocation
- the education improvement plan requirement
- board approval
- the ban on supplanting, which means using the tax money to replace general-fund spending

Student directors also urged the board to restore the money.

The other side: Staff and several directors pointed to an external review and to a board-approved balancing plan from December 2024. The review "found no indicators of fraud, misappropriation, or illegal fiscal practices," said Bachelor.

Latta said she does not support returning the money. "I'm not for restoring the funds," said Williams.

Tara Gard, district business staff, warned of the trade-off: "If the board returns these funds, that money will have to come from somewhere else in the budget, and there will be an impact somewhere else."

Public commenter Carol Delton said the measures' text governs yearly allocations, not carryover.

Decisions and stakeholder impacts: No vote was taken, and directors split in several directions:
- Hutchinson said restricted funds had been "raided to mask the deficit."
- Berry focused on process: "We can't have confidence that this process will look and feel different in the future."
- Brouhard urged sharing the carryover across early childhood, elementary, middle and high schools. "I'm asking all of you to support this equitable distribution of the carryover money," she said.

Dr. Shalonda Gregory, Principal, Met West High School, demanded to see where the $3.5M went. She described coaching needs her school has been unable to fill.

What's next: A community member introduced a resolution to restore the funds, which was referred to the Budget and Finance committee.

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FCMAT: High Risk, Thin Margins

Why it matters: The district spends 95.4 cents of every unrestricted dollar on salaries. Combined with a high-risk rating, that leaves few options for balancing the budget without cuts.

The basics: FCMAT, the state's Fiscal Crisis and Management Assistance Team, uses its Fiscal Health Risk Analysis to review a district's policies and financial processes.

Where things stand: "The FHRA risk score for the district is 47.7%," said Andrea Ward, Intervention Specialist, FCMAT. Her findings:
- The review was based on the 2025-26 second interim budget report.
- The district's stabilization plan could not be reconciled with actual budget changes.
- Turnover in the business office caused inconsistent monitoring.
- Using later data, the score would fall to 44.7%, which is still high risk.

"This FHRA is a tool to be used," said Megan Riley, CEO, FCMAT.

Hutchinson highlighted a gap in the current budget: "We have a $30 million plug in this year's budget." He also noted the district went a year without a chief business officer. Williams questioned the scope of the review, while Berry urged colleagues to use the findings.

Parents brought the numbers back to classrooms. Kiana Phillips, a parent of a student with an individualized education program, said classes of 29 students leave her son without support.

The other side: In a separate stabilization update, staff defended a "restricted-first" approach: charging eligible costs to restricted funds before the general fund. Staff called the approach lawful and necessary. "This is not new money. It is money already raised for those purposes being used for them," Gard said.

The update included several moves:
- an $8.8M reclassification of developer fees
- $29.3M in prior-year charges under review
- $5M in Measure G-1 reserves applied
- a 7% raise tied to a multi-year projection

Brandon Wall, a parent and Measure G-1 commissioner, said he learned of the reserve use from a staff memo. He warned it could hurt future reauthorization of the measure. Hutchinson said no solvency plan exists.

What's next: Directors asked for a budget calendar and study sessions. Berry also wants staffing costs shown in personnel reports: "The personnel report again doesn't have cost associated with the positions implicated in that report."

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OMI Renewal Wins Fans, Draws Questions

Where things stand: The board held an initial hearing on the Oakland Military Institute's renewal for 2027-2032. No vote was taken.

The school's founder, former Gov. Brown, recalled his original goal: "I want to build some kind of an institution that can get these kids A through G and into college."

Dr. Mary Streshley, Superintendent, OMI, reported:
- 80% of students are college and career ready.
- Suspensions have been cut in half.
- Nine students left after Honor Board recommendations over seven years.

"OMI has not brought expulsion charges against any student in our recent charter term," she said.

Students, teachers, alumni and parents spoke in support. That included Adrián Barrientos, who praised how staff work with his son, who has autism.

The other side: Latta asked for details on the nine students who were dismissed, disaggregated data for 2025-26, and supports for students with physical disabilities. Berry asked about growing from 525 to 650 students, including "where those 125 students will come from."

What's next: The board will request more data before a decision hearing.

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• Building trades contract: Approved 7-0. The agreement with the Building and Construction Trades Council runs July 1, 2026, through June 30, 2027, and includes a 7% raise.
• i-Ready: The board voted 4-1, with Bachelor opposed, to have staff renegotiate the Curriculum Associates agreement for one year instead of three.
• Closed session: Two settlements were approved 6-0, including KB v. OUSD, and the board gave direction on three other matters. Brouhard recused herself on Walters Smith v. OUSD.
• Consent calendar: Adopted 5-0, with Hutchinson abstaining. A fire department site use agreement and a personnel report were postponed.
• Skyline High library display: Public commenters clashed over whether the display was biased or whether students were silenced.

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The fire department site agreement and the personnel report return at the next regular meeting. The Measure N/H restoration resolution sits with the Budget and Finance committee. Bachelor introduced a resolution supporting the American Dream and Promise Act of 2025, HR 1589. Reports from the superintendent, the board president and directors were not heard and will carry over.