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Prop 28: What We Know (So Far)

Proposition 28: What We Know

In November 2022, nearly 7 million California voters overwhelmingly approved Proposition 28: The Arts and Music in Schools — Funding Guarantee and Accountability Act. We know you’ve got questions about Prop 28 implementation, and so do we! In the spirit of transparency and partnership, here’s what Create CA knows, what we don’t know, and what you can do.

Proposition 28 adds The Arts and Music in Schools— Funding Guarantee and Accountability Act to the California Education Code to provide a minimum source for annual funding to “supplement arts education programs” for pupils attending PK–12 public and charter schools. Pre-K and charter schools must be state funded to receive Prop 28 funding.

Please note that Proposition 28 is separate from the one-time Arts, Music, and Instruction Materials Discretionary Funding Block Grant

The California Department of Education will be the lead for implementation and establishing guidelines. The CDE email address for Prop 28 questions: Prop28@cde.ca.gov.

More information from CDE can be found on their website.

 

Overview – NOVEMBER 2023 UPDATE

The California Department of Education (CDE) has published preliminary entitlement estimates for the Proposition 28: Arts & Music in Schools (AMS) program for Fiscal Year 2023–24.
You can find estimates for school sites and local education agencies in the spreadsheet.
AMS payments to local educational agencies will begin to flow monthly through the Principal Apportionment starting in February 2024.

 

Overview – AUGUST 2023 UPDATE
  • Proposition 28 provides annual funding for arts education programs (approximately $800m – $1b a year) in addition to the Prop 98 education funding guarantee.
      • You can find estimates for your school here.
      • AUGUST 2023 UPDATE: The California Department of Education (CDE) expects to publish the estimated allocation of Prop 28 funds in October 2023 and include the funds in the LEA’s February 2024 Principal Apportionment.Allocated funds are available for use for up to three years.
        • Preliminary estimates show that Local Education Agencies (LEAs) will receive approximately $112 per student plus $85 per economically disadvantaged student.
  • Funding allocated with an equity formula: 70% of funds go to PK-12 public schools based on enrollment. 30% of funds go to public schools based on the share of economically disadvantaged students (aka Title I students).
  • Most funding (80%) required for school district employees to provide arts education instruction:
    • For LEAs with over 500 students:
      • At least 80% of the funds are restricted for certificated or classified employees to provide arts education. 
      • Up to 20% are for arts education support, including training, supplies, materials, and arts educational partnership programs.
        • Up to 1% of total funds are allowable for LEA administrative costs to implement the proposition.
    • Upon written request from the principal of a school site, the California Department of Education for “good cause” shown may provide a waiver from the above funding requirement. The California Department of Education has yet to clarify what the formal process for waiver submission and review will be.
  • Proposition 28 allocations are required to “supplement” funding for arts education programs. Funds need to increase current arts education spending and not replace existing expenditures.
    • “Supplement” means that schools and districts shall use the funds appropriated to increase funding of arts education programs and not to supplant existing funding.
    • In sum, if a school spends $100 on arts education this year, they are expected to spend $100 plus their proposition 28 allocation next year.
  • Reporting Requirements
    • Each school site principal or program director must develop an expenditure plan.
    • Local Education Agencies must submit an annual board-approved report detailing how they spent the funds and certify that they used them per the requirements.
  • Definitions

    • “Arts education program” includes, but is not limited to, instruction and training, supplies, materials, and arts education partnership programs, for instruction in dance, media arts, music, theatre, and visual arts, including folk art, painting, sculpture, photography, and craft arts, creative expressions, including graphic arts and design, computer coding, animation, music composition and ensembles, and script writing, costume design, film, and video. 
    • “Economically disadvantaged pupil” means a pupil eligible for the federal National School Lunch Act or any successor program.
    • “Enrollment” means every preschool, transitional kindergarten, and K–12 pupil enrolled in a local educational agency and school site. A “preschool pupil” means a pupil enrolled in the California state preschool program or a preschool for pupils with exceptional needs in a local educational agency.

 

Updates Prop 28 Trailer Bill as of AUGUST 2023

The Prop 28 trailer bill, part of SB 115, was signed by the Governor in July. The language is similar to what we expected based on prior requests for clarification from the California Department of Education.

Here is a summary of the updates from the Prop 28 trailer bill:

  • The amount required to be appropriated… shall be considered final as of the annual May Revision of the Governor’s Budget for the subsequent fiscal year.
  • Defines a preschool pupil as a pupil enrolled in the California state preschool program or a pupil 3 through 5 years of age enrolled in a preschool program for pupils with exceptional needs in a local educational agency.
  • The bill requires unexpended funds to revert to the department (CDE), including in the event of a closure of a charter school.
  • The bill requires local educational agencies to report to the department [unexpended funds following the conclusion of the 3-year-expenditure period and would authorize the department to withhold the release of allocation until the LEA (Local Education Agency) has submitted the expenditure report.
  • It also shifts the responsibility for requesting a waiver from a principal of a school site to an LEA.

For more information on the 2023 – 24 State Budget see the Enacted California State Budget Summary and Create CA’s State Budget Update.

 

What can I do to support Proposition 28?
Is there any information about teacher credentialing available?
Questions from the Field

The California Department of Education will be the lead for implementation and establishing guidelines. The CDE email address for Prop 28 questions: Prop28@cde.ca.gov.

  • How much is my school getting? Final numbers are expected in the Governor’s May Revise Budget. $941 million is currently allocated for Proposition 28 in the proposed budget. You can find current estimates at School Services of California Inc.
  • What is the waiver process? To be determined. We are still awaiting guidance from the California Department of Education, which has authority over the waiver process.
  • What funds are considered the baseline for the supplant/supplement requirement? To be determined. It’s Create CA’s current understanding that all annual and one-time governmental funds spent on arts education in the 2022-2023 school year will qualify for the baseline.
  • If this is a yearly allocation, and the funds roll over for three years—does that mean schools continue to receive funding each year even if we haven’t spent the last year’s allocation? Yes.
  • How can we ensure that currently employed arts education teachers don’t get let go this year and hired back using prop 28 funding next year? Proposition 28 requires that funding supplement existing arts education funding and programming. There shouldn’t be a replacement for current personnel. If you suspect a school site is illegally supplanting funds, Create CA encourages you to advocate to your local school board to uphold the supplement vs. supplant intention of Proposition 28. 
  • If schools use parent booster or PTA money to pay arts educators, who are district employees, does this create a possible problem for schools? This interpretation of the baseline is still to be determined, but again the proposition is intended to supplement existing funding and programming.
  • Can Proposition 28 funds be used for nonprofit arts providers, especially if insufficient funds exist to hire a district arts education teacher? The California Department of Education may provide a waiver from the 80% funding requirement. Without a waiver, up to 20% of funds are available for various arts education supports, including training, supplies, materials, and arts educational partnership programs, including contracts with arts providers.
  • Can the Governor or legislature cut Proposition 28 funding? No. Proposition 28 is ongoing funding and is required to equal 1% of Proposition 98 funding (money guaranteed for public schools and community colleges in the state budget).
  • How can we advocate for Visual and Performing Arts (VAPA) Coordinators in districts with little to no arts leadership? Create CA recommends building relationships with your school district leadership, sharing information on Proposition 28, discussing a vision for arts education with the new funds, and advocating for a strategic plan and VAPA coordinator (if there are none).
  • Can a school site use funds for professional development for teachers (covering subs and training)? Schools can use up to 20% of Proposition 28 funds for various arts education support, including training, supplies, materials, and arts educational partnership programs.
  • Can a school use arts instruction as a Physical Education requirement and double it as an arts requirement using funds? To be determined. 

 

We will continue to update this page as new information becomes available. Thank you for your patience and partnership!

You've got questions about Prop 28, and so do we. In the spirit of transparency and partnership, here's what Create CA knows, what we don't know, and what we're working towards.

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