Your Arts Education Rights in California

Yes. Every California public school student, grades 1 through 12, has a right to visual and performing arts, including dance, music, theatre, and visual art courses, per California Education Code sections 51210 and 51220.

A 2022 report, “Creativity Challenge: The State of Arts Education in California,”  shows that only 11% of schools offer all four arts disciplines as required by the California Education Code.

Although a school that does not provide arts education in all four disciplines (dance, music, theatre, visual arts) to all its students violates the California Education Code, no official enforcement authority ensures school districts offer all four arts disciplines. 

Section 51050 of the Education Code states, “The governing board of every school district shall enforce in its schools the courses of study.” This section empowers districts to monitor themselves regarding courses offered, making local advocacy essential to ensuring all students have access to the arts.

Prop 28: The Arts and Music in Schools — Funding Guarantee and Accountability Act (Prop 28 – AMS), approved by California voters in November 2022, provides a specified amount of annual funding for pupils attending state-funded PK–12 public and charter schools to supplement arts education programs meaning the funds must expand a school’s current arts education programs and not replace existing funding. For example, if a school spends $100 on arts education this year, they are expected to pay $100 plus their Proposition 28 allocation next year.

Requirements of Prop 28 – AMS:

• Requires the state to provide schools with constant funding for arts education. Beginning in the 2023-24 school year, California will provide between $800 million and $1 billion yearly for arts education.
• Requires funding to expand (i.e., supplement) arts education programs.  In other words, schools cannot use the funds to replace (i.e., supplant) funding for existing arts education programs. 
• Requires school districts to allocate funds to eligible school sites according to the amounts the California Department of Education (CDE) calculated. Your school’s allocation is at the Arts and Music in Schools Funding Results page on the CDE website.
• Requires each school district and charter school to submit an annual school board-approved report detailing how they used Prop 28-AMS funds; for example, the report must describe the types of arts education programs offered, the number of staff, the number of pupils served, and the number of school sites providing arts education programs.

For more information on Prop 28 – AMS, visit:

• CDE: Prop 28 – Arts and Music in Schools FAQ
• Create CA: Prop 28 Common Questions
• Create CA: Prop 28 AMS Advocacy Resources

Yes. Schools and districts must seek input from parents, students, and community members in developing a school site’s Single Plan for Student Achievement (SPSA) and the school district’s Local Control Accountability Plan (LCAP).

• School Site Councils (SSC) must include parents, teachers, administrators, and students (secondary level). SSCs play a crucial role in developing and approving the Single Plan for Student Achievement (SPSA) for their respective schools, which outlines goals, strategies, and budgets to improve student academic performance. More information is available here.

Local Control Accountability Plans (LCAPs) are three-year plans that school districts must develop and update annually in consultation with students, parents, teachers, principals, administrators, and other school personnel. The LCAP details how a district will use funds to improve student educational outcomes based on eight state priorities. Districts use LCAP meetings, advisory committees, and surveys to collect parent and student input. More information is available here.

Advocate and mobilize. Connect with your school site principal, school board, district superintendent, advisory committees (e.g., LCAP, SSC), and parent groups (e.g., PTA/PTO).

• At school or district meetings, share information on the current status of arts education in your school or district and share your vision. 
• At school board meetings, mobilize students and parents to provide public comment:
  • To ask how district leaders are planning to use Prop 28 funds to expand arts programs;
  • To ask if school leaders have asked the community what arts programs they would like to see;
  • To request more overall investment in and prioritization of the arts;
  • To request an arts education strategic plan and district arts education coordinator if your school district doesn’t have one. 
• Add Prop 28 – AMS to your school board meeting agenda. Ask school leaders to discuss how they plan to expand arts education programs with the new funds. 
• Organize an action such as an online petition to demand arts education courses.
• If necessary, and after all your advocacy efforts, file a formal complaint using the Uniform Complaint Procedure (see below).

• Similar to the previous response, advocate and mobilize—alert school leaders that they may be violating Prop 28 AMS and risking access to those funds. The funds must be used for new arts education programs or to increase funding for existing arts education programs. 
  • At a school board meeting, provide public comment or ask the superintendent’s office to add Prop 28 AMS funding plans to the board agenda. If Prop 28 AMS is on the school board agenda, ask for clarification on how the funds will expand arts education programs. 
  • Ask for a meeting with the Superintendent or a School board member to discuss your concerns and invite representatives from parent groups, youth leadership, and advisory councils. Share this letter from the Proposition’s author and supporters that details the expectations and the law regarding Prop 28’s “supplement not supplant” requirement. 

• If you do not see progress, consider contacting local media outlets and sharing your concerns. If you are a student, contact your student paper editor and ask them to write an article on your district’s Prop 28 plans. 
  •  If possible, provide the media with documentation (e.g., expenditure reports, memos, emails, etc.) to support. 
• Finally, you can file a complaint with the Local Education Agency (LEA) (e.g., school district, county office, charter school) under the Uniform Complaint Procedure (UCP). An alleged violation of Prop 28 AMS’s supplement requirement is a Consolidated Categorical Aid Program complaint and must be filed under the UCP.  

We recommend raising concerns about suspected Prop 28 AMS violations with your school district leadership before filing a UCP complaint.

• An LEA receives Prop 28 AMS funds and does not (or does not plan to) expand arts education programs or hire new arts education staff.
  • For example, a school may try supplanting funds by moving existing arts education teachers from “temporary funds” to Prop 28 funds. This means that existing funds are being supplanted by Prop 28, resulting in no expansion of arts education for students. 
• A teacher is fired or receives a notice of dismissal from employment (pink slipped), but LEA plans to rehire them using Prop 28 AMS funds.
• LEA uses Prop 28 AMS funds for non-arts education programs and staff

If the school district finds merit in a complaint, it must impose corrective actions and include a remedy to all affected pupils, parents, and guardians.

A UCP Complaint is a written and signed statement alleging a Local Education Agency “LEA” (i.e., school district, county office, charter school) is in violation of federal or state laws governing specific educational programs.

Who can file a UCP complaint?

• An LEA’s students, employees, parents/guardians, school and district advisory committees, appropriate private school officials, and other interested parties

How do I file a UCP complaint?

• You will file the UCP complaint to your LEA.  Check your LEA’s website for details on their UCP policies and forms.  Each LEA has specific UCP procedures. If the LEA doesn’t have a form, you can use this form or submit a complaint as a letter to the district superintendent. Keep a copy of your complaint.
• A complaint may be filed anonymously, without an identifying signature, if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance.

What should I include in a UCP complaint? 

• The complaint must be signed and include the dates of the violation, witness names, and evidence (e.g., documentation, statements, and a summary of actions) supporting it. 

What are the LEA’s UCP responsibilities?

• Designates a staff member responsible for receiving, investigating, and resolving complaints. 
• Resolves the complaint and completes a written report within 60 days of receipt 
• Protect the complainant from retaliation after you file a complaint.
• Must advise the complainant of the right to appeal the LEA’s Investigation Report to the California Department of Education within 30 calendar days of receiving the report.
• If the LEA finds merit in a complaint, it must impose corrective actions and include a remedy for all affected pupils, parents, and guardians.

What are the responsibilities of the California Department of Education (CDE)?

• Process appeals of the LEA’s Investigation Report on UCP complaints and issue a decision within 60 days
• Within 30 days of the date of the CDE’s appeal Decision, either party may request reconsideration. Within 30 days of the date of the CDE’s Investigation Report, either party may request reconsideration.
• Process reconsideration of the CDE’s decision/report by the Superintendent of Public Instruction at the CDE within 30 calendar days of receiving the decision/report.
• Requires corrective action by the LEA if noncompliance issues are identified during the investigation.

Above from the California Department of Education’s Uniform Complaint Procedures Pamphlet

UCP COMPLAINT TIMELINE

• DAY 1– Violation occurs
• DAY 60– Deadline to file UCP Complaint 
• DAY 120 – Deadline to receive response/ruling from district
• DAY 150– Deadline to file an Appeal with the CDE (CDE Appeal Assistance Form)
• DAY 180– Deadline to file a Reconsideration Request/Appeal with the CDE 

Here is a flowchart summarizing the UCP process.

Use this Prop 28 AMS Violation Alert Form to notify Create CA & ACLU SoCal of a suspected violation. If your district does not have an official UCP form, the Prop 28 AMS Violation Alert Form’s questions and answers can serve as a UCP complaint letter.

• ACLU SoCal may be able to assist in the UCP complaint process. Email them at prop28@aclusocal.org.
• Alert Create CA by filling out the  Prop 28 AMS Violation Alert Form.