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Prop 28: What We Know (So Far)

by Create CA
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 – MAY 2024 UPDATE
  • Proposition 28 provides annual funding for arts education programs (approximately $800 million—$1 billion a year) in addition to the Prop 98 education funding guarantee.
    • Funding is allocated using an equity formula: 70% of funds go to PK-12 public schools based on enrollment, and 30% go to public schools based on the share of economically disadvantaged students (i.e., students qualifying for a Free or reduced-price lunch).
    • Most funding for arts education instructors:
      • For LEAs with over 500 students:
        • At least 80% of the funds are restricted to certified or classified school district employees to provide arts education instruction. 
        • 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.
      • The California Department of Education (CDE), for “good cause” may provide a waiver to school districts from the above funding requirement. 
    • Proposition 28 allocations are required to “supplement” funding for arts education programs. The funds need to increase arts education spending, not replace existing expenditures.
      • “Supplement” means that schools and districts shall use the funds appropriated to increase the number of arts education instructors and programs.
      • In sum, if a school spends $1 million on arts education in the 2022/23 school year, they are expected to spend $1 million plus their Prop 28 allocation in the 2023/24 school year (the first year Prop 28 is available).
    • 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.

 

Key Resources:
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? You can find your school district and school site funding amounts in this Excel spreadsheet: Proposition 28: Arts and Music in Schools – School Site Calculation (XLSX)
  • Who is administering Prop 28? The California Department of Education.
  • Is Prop 28 separate from the one-time Arts, Music, and Instruction Materials Discretionary Funding Block Grant? Yes. These are two different funding sources: Prop 28 is ongoing funding, and the Block Grant is one-time funding.
  • What is the waiver process?
      • The California Department of Education (CDE), for “good cause,” may provide a waiver to school districts from the requirement to spend 80% of funding on district employees. 
    • Local educational agencies (LEAs) (e.g., school districts) can access the Arts Music in Schools web portal to submit written waiver requests, reports, and certifications associated with Prop 28 AMS. The portal and other CDE resources related to AMS can be found here.

    Here is a CDE webinar that overviews the waiver process and audit procedures.

  • What funds are considered the baseline for the supplant/supplement requirement? 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 (i.e., the previous year’s funds that need to be maintained to access Prop 28 funds).
    • The California Department of Education (CDE) recommends that each LEA seek guidance from its legal counsel regarding its annual usage of AMS funds and whether it can certify that Prop 28 funds were used to supplement funding for arts education programs.
  • 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 aren’t let go this year and are hired back using Prop 28 funding next year? Prop 28 requires that funding supplement existing arts education funding and programming. This means there should be an increase in the number of arts educators overall.
    • Funding existing arts education positions with Prop 28 (i.e., supplanting prior funding for Prop 28 funds) or firing existing arts positions to hire new arts educators are both supplanting – because there isn’t an increase in the overall number of arts education full-time equivalents. It will not be supplanting if a part-time arts educator is made full-time with Prop 28 funds (only the additional hours can be paid for with Prop 28).
  • Can schools pool funds, and can school districts help facilitate inter-school programs? Yes, schools can share teachers, teacher aides, and community arts partners. School districts can help facilitate this sharing among schools. For example, a teacher could teach at one school on Monday and Tuesday and at another on Wednesday, Thursday, and Friday (from Prop 28 Implementation Advisory Council).
  • 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 last year’s allocation? Yes.
  • Is parent booster or PTA money that pays for arts educators exempt from the “do not supplant” requirement? No. Nowhere does Prop 28 say that the source of funds for existing arts programs (federal, state, local, or private) creates any exception to the initiative’s clear and plain language (from Austin Beutner, Prop 28 author).
  • Can Proposition 28 funds be used for nonprofit arts providers, especially if insufficient funds exist to hire a district arts education teacher? Yes. 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 education partnerships.
  • 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 none exist).
  • Can a school site use funds for professional development for teachers (covering subs and training)? Yes. Schools can use up to 20% of Proposition 28 funds for 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. 
  • What can I do to support Proposition 28? Raise awareness of the Prop with your community and ask School Leaders: “Please Share the Prop 28 Plan – review this call to action.

 

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

 

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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