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Board approves Prop 39 in‑lieu license for Peralta land to OCCA after heated debate and 4–3 vote

February 09, 2024 | Orange Unified School District, School Districts, California


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Board approves Prop 39 in‑lieu license for Peralta land to OCCA after heated debate and 4–3 vote
The Orange Unified School District Board on Tuesday authorized an amended in‑lieu Prop 39 facilities-use agreement with Orange County Classical Academy (OCCA) to occupy a portion of the district’s Peralta property, a contentious decision that passed 4–3 after extended public comment and trustee debate.

Students and families from OCCA made multiple appearances urging approval so the charter school could open a high school and allow current middle-school students to continue through grade 12 at OCCA. “I am a third grader at OCCA… We really love OCCA and have learned a lot,” said Nadia Kim, one of several OCCA students who addressed the board.

Opposition and procedural concerns: Dozens of community members and district parents opposed the agreement, raising three central objections: (1) process — critics said competing interests (including Orange Lutheran and Santiago Canyon College) had not been given equal opportunity to bid or present proposals; (2) fiscal risk — speakers noted OCCA’s outstanding debt to the district (public commenters referenced about $1.7M) and questioned whether OCCA had sufficient financial capacity to undertake site improvements and long-term obligations; (3) conflicts of interest — some trustees asked Trustee Minor to recuse herself because family members attend OCCA; the district counsel advised trustees on recusal rules and indicated negotiations fall under specific bylaws and that the counsel had advised on these matters.

Legal and policy framework: Staff described the proposed agreement as an in‑lieu Prop 39 facilities-use agreement, a process that differs from a surplus property long-term lease; proponents argued the approach allows the district to secure facility improvements from the charter while maintaining Prop 39 sharing obligations. Opponents raised Education Code and surplus-property requirements and asked whether oral bids and other surplus-property steps should be triggered for certain proposals.

Board deliberation and outcome: Trustees debated the appropriate term length (some favored 10 years as a pilot; students and families sought 25 years), the speed of the timeline to open a high school in fall, and financial protections for the district. After amendments and further discussion the motion authorizing the amended in‑lieu Prop 39 license agreement was approved by a 4–3 vote.

Next steps: The terms will be implemented according to the signed agreement; staff and counsel will monitor compliance and any financial deliverables tied to the facilities-use arrangement. The board’s vote suggests potential further oversight and monitoring steps to address fiscal and operational conditions raised during public comment.

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