Oakland Charter Schools: Legal Constraints and Political Forces

*This is one of the most politically charged and legally complex areas of the OUSD budget discussion. Understanding what the district can and cannot do is essential for effective advocacy.* ## The Current Landscape Approximately 38 charter schools operate in Oakland, serving 27–30% of all public school students. These include major operators like KIPP, Aspire, Lighthouse, and Education for Change. The district transfers $7–9 million annually to charters and maintains a Charter School Office (~$1.2M) for oversight. Recent district actions have denied renewals for several charters including AIMS K-8, Oakland Charter High School, Aspire Golden State Prep, and Leadership Public Schools Oakland R&D. ## The "Stranded Costs" Problem When students leave OUSD for charter schools, funding follows them (via California's LCFF formula), but the district's costs don't decrease proportionally. A 2018 "Breaking Point" study estimated this creates $57.3 million in annual "stranded costs"—the district loses 100% of per-pupil funding but can only reduce 27–50% of actual costs because fixed expenses (buildings, administration, debt) remain. Estimated impact: 30–50% of the current deficit may be charter-related stranded costs, though this is contested and uncertain. ## Legal Constraints: What OUSD Cannot Do **Districts cannot impose charter moratoriums.** Only the state legislature can authorize a moratorium. The 2019 Oakland teachers' strike settlement included OUSD agreeing to "pursue a moratorium"—but when they tried to implement it, they hit a legal wall. LAUSD attempted the same thing and failed. The political compromise that emerged was AB 1505, which expanded district authority to deny individual charters but explicitly did not include moratorium power. **Districts cannot unilaterally reduce charter funding.** LCFF funding follows students by state formula. In-lieu property tax transfers are legally mandated, not discretionary. If OUSD attempted to withhold funds, the state would continue apportioning directly and charters would have grounds for litigation. **Districts cannot categorically exclude charters from facilities.** Proposition 39 (2000) requires districts to provide "reasonably equivalent" facilities to charter schools serving district residents. A June 2025 court ruling against LAUSD struck down blanket exclusion policies, requiring case-by-case decisions. ## Legal Tools: What OUSD Can Do AB 1505 (2019) expanded district authority. Districts can now deny charter petitions based on fiscal impact, community interest, and program duplication—grounds unavailable before 2019. A three-tiered renewal system based on performance data means low-performing charters face denial unless they demonstrate improvement. The March 2025 Napa Valley appellate decision strengthened local control. Courts must now defer to local authorizer decisions and can only overturn denials upon finding "abuse of discretion" by both the district and county boards. This means well-documented denials will survive legal challenge. The current board is using these tools aggressively—effectively creating a de facto slowdown through individual denials, even though a blanket moratorium is illegal. ## Political Forces at Work **Pro-Charter Funding and Advocacy:** The Walton Family Foundation committed $1 billion between 2015–2020 for charter expansion, with Oakland among 13 focus cities. Individual donors including Michael Bloomberg, Reed Hastings (Netflix founder), and Doris Fisher (Gap co-founder) have contributed hundreds of thousands of dollars to charter-aligned PACs in Oakland elections. The California Charter Schools Association (CCSA) operates both advocacy and political arms, spending over $41,000 supporting individual board candidates in recent cycles. Locally, GO Public Schools Oakland tracks board votes, endorses candidates, and mobilizes parents. **Pro-District Advocacy:** The Oakland Education Association has raised over $179,000 in recent election cycles and dominated 2022 and 2024 board campaigns. The current board has shifted toward charter skepticism, with union-endorsed members including Board President Jennifer Brouhard and Vice President Valarie Bachelor. **The Appeals Process Limits Board Power:** Denied charters can appeal to the Alameda County Board of Education, and if denied there, to the State Board of Education. Leadership Public Schools Oakland R&D, for instance, won conditional approval at the county level after OUSD denial. This multi-tiered appeals process means local denials are not always final. ## Why Isn't There More Action on Charters? Getting charter moratorium authority through Sacramento would require overcoming: - CCSA's significant lobbying operation - Walton/Bloomberg/Hastings political donations - The "parent choice" framing that makes moratoriums politically toxic - Moderate Democrats who support charter "reform" but not elimination The real question: Why isn't there more pressure on state legislators to grant moratorium authority? That's where political energy would need to go for systemic change. ## Key Questions for Engagement - How is OUSD documenting fiscal impact findings to ensure denials survive appeal? - What happens to students when charter renewals are denied? How will OUSD absorb them? - Are there opportunities for shared facilities or services that could benefit both sectors? - What advocacy at the state level could change the legal landscape? - How does Prop 39 facility allocation affect district capacity to consolidate schools? ## Key Stakeholders Families in both district and charter schools; Charter School Office staff; CCSA and GO Public Schools Oakland (charter advocates); Oakland Education Association (union); Board Governance Committee; state legislators representing Oakland (Assembly and Senate).