EXPLAINS CALIFORNIA PROP 28

Prop 28, the Arts and Music in Schools Funding Guarantee and Accountability Act, establishes a permanent annual funding source—roughly $800 million to $1 billion—to supplement arts education programs for students in PreK–12 public and charter schools.

Yes. Charter schools in California are public schools, and they will receive Prop 28 funding through their LEA, just like traditional public schools.

Yes, if the PreK program is state funded. Funds are distributed to Local Education Agencies (LEAs), which then allocate funds to eligible school sites.

Funding is calculated at the school-site level but allocated through Local Education Agencies (LEAs). Decisions should be made collaboratively by LEAs, school sites, and their communities.

No. Funding is distributed using an equity-based formula:

• 70% is based on overall student enrollment
• 30% is based on the proportion of economically disadvantaged students enrolled

For 2023–24, approximately $938 million was appropriated, which translates to roughly $112.00 per student plus $85.00 per economically disadvantaged student.

Yes. Annual amounts are determined by the Department of Finance as part of the Governor's Budget. Schools have up to three years to spend funds before unspent money reverts to the state.

• All funds must support arts education.
• Local Education Agencies (LEAs) with more than 500 students must spend at least 80% on certificated or classified staff providing instruction.
• Remaining funds may cover supplies, materials, or arts partnerships.
• Administrative costs (including indirect costs) are capped at 1%, though waivers can be requested from CDE.

Funds must supplement, not replace, existing arts education funding.

The California Department of Education (CDE) defines arts programs broadly, including instruction, training, supplies, materials, and partnerships in:

• Dance
• Media Arts
• Music
• Theatre
• Visual Arts (e.g., folk art, painting, sculpture, photography, crafts, design, animation, music composition, film, and more)

Each school site must develop an expenditure plan, and Local Education Agencies (LEAs) must submit an annual, board-approved report certifying compliance with Prop 28 requirements.

No. Funds are automatically allocated by the California Department of Education (CDE).

Baseline refers to the amount spent on arts education in the year prior to receiving Prop 28 funds. Schools must show that Prop 28 funds supplement, not supplant this baseline.

Schools must use Prop 28 funds for new or expanded arts programming, not to replace existing arts funding. Each Local Education Agencies (LEAs) must certify annually that Prop 28 funds have been used correctly.

Schools should collaborate with teachers, families, and students to identify desired arts programs.

Yes. Schools and districts are encouraged to use existing input structures (like LCAP meetings or surveys) to engage families and communities.

Local Education Agencies (LEAs) may request waivers for the 80% staffing requirement if they demonstrate “good cause.”

The California Department of Education (CDE) has not yet provided detailed guidance. Schools should document all hiring efforts (postings, applicants, interviews, offers, staffing outcomes).

The California Department of Education (CDE) has not finalized the process, but Conn Selmer is assisting Local Education Agencies (LEAs) in documenting and sharing best practices for applying for waivers.

Yes. Prop 28 funds are subject to annual audits under EC Section 41020, beginning with 2023–24 school year.

Local Education Agencies (LEAs) with more than 500 students must spend 80% of Prop 28 funds on certificated or classified staff. Non-certified teaching artists may be employed, but a certificated teacher must oversee instruction.

Yes. Prop 28 is expected to create over 8,000 new arts positions. Schools are encouraged to hire community artists and support their credentialing through pathways like Career Technical Education (CTE).

Yes. The CTE credential allows qualified individuals with industry experience to obtain a teaching license.

Schools should document hiring efforts and may apply for waivers if unable to meet staffing requirements. Prop 28 allows for Local Education Agencies (LEAs) to pool funds to share teachers across sites