Proposition 28—Arts and Music in Schools Introduction

Arts and Music in Schools—Funding Guarantee and Accountability Act (Chapter 5.1, Proposition 28): This Act establishes a guaranteed minimum annual funding source for K-12 public schools, including charter schools, specifically to supplement arts education programs.

The amount distributed will be calculated and published annually by the Director of Finance. 70% of the funds will be allocated based on a school's prior year enrollment, and 30% will be based on the enrollment of economically disadvantaged pupils.

Beginning the fiscal year after enactment, 1% of the total state and local revenues received by local educational agencies (LEAs) in the previous fiscal year, excluding previous appropriations under this chapter, will be appropriated annually from the General Fund. 

Each LEA must allocate the calculated funds to individual school sites. The principal or program director at each site is responsible for developing a spending plan for the allocated funds.

Funds must be used within three fiscal years or returned for redistribution. LEAs are required to certify that the funds are used solely for arts education and submit annual expenditure reports.

For LEAs with 500 or more students, at least 80% of the funds must be used to employ certificated or classified employees for arts education. The remaining funds may be used for training, supplies, materials, and arts partnership programs. 

“Arts education program” includes, but is not limited to, instruction and training, supplies, materials, and arts educational 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.  

The funds are intended to supplement existing arts education programs, not replace them. No more than 1% of the funds can be used for administrative expenses.

LEAs must submit annual reports detailing how the funds were used, including program types, personnel, students served, and school sites involved. These reports must be publicly available on the LEA's and the department's websites. 

23-24 Allocation Annual Report-Year 1

The Legislature can reduce the required funding if Proposition 98 is suspended, but the reduction must match the proportional decrease in overall funding to K-12 schools and community colleges. The Legislature can also amend the Act by a two-thirds vote to further its purposes.

California Proposition 98, also known as the "Classroom Instructional Improvement and Accountability Act", is a ballot initiative that was approved by voters in 1988 

In simpler language:

• Proposition 98 guarantees a minimum amount of funding for K-12 schools and community colleges in California. If lawmakers decide to "pause" (suspend) this guarantee, they can also reduce the amount of money Prop 28 sets aside for arts and music programs. However, the reduction to Prop 28 funding must match the same percentage as the overall cut to school funding.

• Additionally, lawmakers can make changes to Prop 28 if two-thirds of the Legislature agrees, but any changes must align with the original purpose of supporting arts and music education.

In short, Prop 28 funding could be reduced or stopped if Prop 98 is suspended or if lawmakers make specific changes to the rules with enough votes.

Disclaimer: The information provided on this website is intended solely for informational and educational purposes in support of the Sweetwater Union High School District (SUHSD)'s implementation and understanding of Proposition 28 – the Arts and Music in Schools (AMS) funding legislation. This site utilizes artificial intelligence (AI) to synthesize, analyze, and present content based on SUHSD’s internal collaboration, interpretation of California Department of Education (CDE) guidance, legislative requirements, and practical, district-specific experiences.  Please note, the content on this website reflects practices, decisions, and interpretations specific to SUHSD and may not apply to other districts or organizations. While every effort has been made to ensure the accuracy and relevance of the information, users should consult official CDE sources and legal counsel for final guidance on compliance, funding, and implementation matters. The AI-generated summaries and analyses do not represent official policy statements or endorsements by the CDE or any government agency.