Create CA Statement on AB 2440

Create CA believes every student, in every school, should have access to high-quality instruction across all art forms. Prop 28 is a historic investment that has moved California closer to that goal by providing ongoing funding for arts education. We remain deeply committed to ensuring these resources reach all students as voters intended and result in meaningful, high-quality arts learning.

Since Prop 28 implementation began, we have heard from school leaders, educators, advocates, and parents throughout California—from rural and small districts to mid-sized and large urban communities – tremendous progress is being made, but implementation has been uneven. On key provisions, districts are turning to their own legal counsel to determine how to comply with the law, contributing to different interpretations and practices across the state. 

AB 2440 was developed to address those challenges, following a legislative hearing this spring focused on Prop 28 implementation – the bill has advanced with broad support, including from the California County Superintendents, California Music Educators Association, California Teachers Association, EdTrust West, and Create CA. Since its introduction in March, lawmakers have unanimously supported AB 2440. The bill received zero registered opposition during any of its legislative committee hearings. More recently, however, concerns have emerged that we want to address. 

At its core, AB 2440 seeks to strengthen Prop 28 by establishing clearer definitions, consistent statewide standards, and greater transparency. 

What AB 2440 does not change:

• The fundamental promise, school-site allocations, and expectations of Prop 28 remain the same. AB 2440 does not change the core commitment that Prop 28 funds expand arts education for students, that each school receives and benefits from the allocation generated for that site, or that those funds must supplement, not supplant, existing arts education funding.
• AB 2440 preserves Prop 28’s equity provisions. Schools serving more low-income students continue to receive additional resources under the school-level allocation formula.
• AB 2440 protects school-site allocations. Each school must continue to receive and spend the amount generated for that site. The bill does not allow one school’s Prop 28 allocation to be transferred to another school. When funds are pooled for shared teachers or services, spending for each school must remain proportional to its allocation and consistent with its school-site expenditure plan.

AB 2440 preserves Prop 28’s core commitments while providing greater clarity about how those commitments should be implemented.

What AB 2440 adds and strengthens:

• AB 2440 adds clarity by defining “funds no longer available.” The state Audit Guide (page 26) already sets out the calculation used to determine compliance with Prop 28’s “supplement, not supplant” requirement. AB 2440 builds on that existing process by defining in law what qualifies as “funds no longer available,” helping create greater consistency and transparency. This is important because it provides districts and auditors with a clearer standard and helps ensure that funding is excluded from the calculation only when it is genuinely no longer available, not simply reclassified or removed. Examples could include private dollars, such as PTA funding that is no longer being provided, or one-time federal COVID-era funds that have expired.
• AB2440 ensures Prop 28 dollars are dedicated to arts education. Prop 28’s current definition of “arts education” is broad and even includes “computer coding,” which has led some schools to use these funds for STEM labs rather than arts instruction. AB 2440 provides greater clarity by aligning eligible spending with California’s Arts Standards, Arts Education Framework, and early learning foundations—helping ensure these resources support meaningful, high-quality arts education.
• AB2440 strengthens transparency and accountability. AB 2440 requires that each school site’s Prop 28 expenditure plan be made public, providing families and communities with greater transparency about how funds are being used at their school.

We believe AB 2440 strengthens Prop 28 by providing clearer, more consistent rules while protecting its fundamental promise: more arts education for all California students. We remain open to thoughtful improvements and committed to working collaboratively with policymakers, educators, families, and advocates to ensure every student has access to a high-quality arts education.