What the public should know
On March 24, 2026, the state’s Joint Legislative Audit Committee approved a request by Sen. Tom Umberg to audit the Orange County Board of Education. The request calls for a broad review of the Board’s governance, litigation, charter oversight, contracting and use of public resources.
The Orange County Board of Education respects the public’s right to accountability and will cooperate fully with the audit process. At the same time, the public deserves to know that the request approved by JLAC includes serious claims that are disputed, unsupported or inconsistent with publicly available records.
The Board believes transparency means sharing not only the audit request itself, but also the documents and context needed to evaluate it fairly. This webpage is intended to provide a clear, factual summary of the approved audit, the Board’s response and the primary source documents.
What the audit will examine
The audit request, submitted by Sen. Umberg on March 3, 2026, was approved following a public hearing that included testimony from the request’s author, the State Auditor, individuals in support and opposition, and members of the public.
The request directs the State Auditor to review the following areas over the past five years:
- Governance practices, including compliance with transparency and civil rights laws
- Use of public funds and expenditures
- Litigation activity, including costs and oversight
- Charter school authorization and oversight
- Contracting and procurement practices
- Handling of complaints, including whistleblower and retaliation claims
Clarifying the record
The Board believes it is important to distinguish between verified facts and claims that are unsupported or inconsistent with law.
For example, some materials presented in support of the audit reference a former communications officer who does not appear to exist, calling into question the integrity of the claims and how the request was produced. Other materials cite legal matters that cannot be substantiated through public records or internal documentation.
Additional claims regarding complaints, violations and oversight responsibilities are addressed in formal responses submitted to the committee, which note:
- No identified complaints in key legal areas over the past five years
- No verified legal filings matching certain claims raised publicly
- Clear distinctions in law between the role of the Board and the role of the County Superintendent
These points are detailed in the Board’s formal response and supporting materials.
The Board’s March 17 response
On March 17, 2026, legal counsel for the Board submitted a formal response to the Joint Legislative Audit Committee.
The response states that:
- The audit request lacks a sufficient factual basis
- No complaints or violations have been identified in the areas cited
- Many issues raised are subject to existing legal remedies or are time-barred
- The request falls outside the traditional scope of JLAC audits
A companion summary memo highlights:
- A review of Board meeting transcripts found no violations
- Board members completed required ethics training
- No complaints were identified in areas including civil rights, transparency or procurement
- The audit is not necessary to address the issues described
Additional context submitted
Additional materials submitted to the committee raise concerns about the scope and basis of the audit.
An opposition memorandum argued that the request did not identify documented fraud, abuse or systemic failure and cautioned against using audit resources without a clear factual basis.
Taken together, these materials also raise a broader concern: that advancing an audit based on unsubstantiated and disputed claims could set a troubling precedent for county boards of education across California, where policy disagreements or disputed assertions may be elevated to formal state audits without sufficient evidentiary support.
Understanding the Board’s role
Under California law, the Orange County Board of Education:
- Adopts the OCDE budget
- Hears charter school appeals
- Sets policy for county-operated programs
Operational responsibilities for the Orange County Department of Education, including personnel and administration, are carried out by the County Superintendent and staff. This distinction is important when evaluating claims related to governance and oversight.
Document library
The following materials are provided to support transparency and public understanding.
Audit request and official correspondence
March 03, 2026, audit request letter
March 10, 2026, JLAC hearing notice
Board and legal responses
March 17, 2026, Schools Legal Service response
March 17, 2026, summary memorandum
March 17, 2026, opposition memorandum
Supporting context and communications
March 23, 2026, correspondence to Senator Umberg
March 25, 2026, follow-up communications
April 7, 2026, correspondence objecting to JLAC audit request
Fact-check summary and supporting materials
Declaration regarding January 2023 meeting records
Declaration regarding employmentsettlement records
Related litigation documents
Complaint OCBE v. Mijares (general counsel matter)
Petition for writ OCBE v. Mijares (budget matter)
Settlement agreement OCBE v. Mijares
Complaint OCBE v. Newsom (COVID emergency matter)
Media and hearing videos
The following media provides additional context from the March 24, 2026, JLAC hearing.
News articles
California Courier: “Sacramento Attempts Yet Another Partisan Power Play to Control OC Board of Education via Audit Committee”
SoCal Daily Pulse: “Democrat Senator’s ‘Political Witch Hunt’ Audit Hits Conservative Orange County Board of Education”
Our commitment moving forward
The Orange County Board of Education will participate fully in the audit process and provide complete and accurate information.
We are confident that a fair and objective review will reflect our commitment to students, families and the responsible stewardship of public resources.
We encourage the public to review the source materials provided here and rely on verified documents when evaluating this issue.