Prop 28 Frequently Asked Questions

What is Prop 28?

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. Funding is estimated between $800 million and $1 billion a year, with the first allocation going out in the fiscal year 2023-24.

Funding is required to expand (i.e., supplement) arts education programs and not replace (i.e., supplant) existing funding for arts education programs. Each school must submit an annual board-approved report detailing Prop 28 expenses.

Who decides how the funding will be allocated?

California Department of Education will distribute funds to each school district

School administrators—in collaboration with teachers, families, and students—should together make the choice that best serves students in their local school community. Each school or district can determine how they would like to expand their arts programming with the new funding. Santa Barbara County is expected to received over $10 million for the 24-25 school year.

There are several conditions of receipt of funds that must be met and are subject to audit verification. Failure to comply with those requirements will result in the loss of some or all of the local educational agency’s (LEA’s) Arts and Music in Schools funding for the year. Coordination between the school and the LEA’s administration is necessary to ensure expenditures are consistent with all statutory requirements.

Are there restrictions to these funds?

All funds must be used to provide expanded arts education programs, as described in Frequently Asked Question 11. California Education Code (EC) Section 8820(g)(1) requires that local educational agencies (LEAs) with an enrollment of 500 or more pupils ensure that at least 80 percent of expended funds will be used to employ certificated or classified employees to provide arts education program instruction. Up to 20 percent of the expended Arts and Music in Schools (AMS) funds may be used for “training, supplies and materials, and arts educational partnership programs,” which includes outside contractors. The department may, for good cause shown, provide a waiver from this requirement.

Additionally, no more than 1 percent of funds received may be used for the LEA's administrative expenses, including indirect costs, to implement this program.

As a LEA how do we know if we qualify for the waiver?

Should the LEA demonstrate “good cause” for not being able to meet the requirements of California Education Code Section 8820(g)(1), the waiver will be approved and utilized to satisfy audit procedure T6 (verification of the 80/20 requirement) in the final audit of that allocation. For more information on the difference between the annual audit and the final audit, please see FAQ 32 or visit the California Department of Education’s Proposition 28-AMS Financial & Audit Requirements web page.

How long does the waiver process take to be approved?

Waivers are reviewed on a rolling basis. There is no exact date or set time period that a local educational agency (LEA) will receive a response based on when a waiver request is submitted. The review period is variable on how many other waivers are submitted and the content of the waiver requests. Please note that each LEA has three years to expend a single allocation and to obtain an approved waiver, if necessary.

Does each school site submit their own waiver, or do LEAs submit waivers on behalf of schools seeking the waiver?

If a local educational agency (LEA) decides to submit a written waiver request of the requirement found in California Education Code Section 8820(g)(1), the request will be submitted to the California Department of Education by the LEA, not individual school sites, and the waiver, if granted, will apply to the entire LEA. Access the waiver tool on the AMS Portal.

To learn how much funding was allocated to your district, click here.

This information was taken from the California Department of Education and from Create CA.

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