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Prop 28: What We Know (So Far) – UPDATED JUNE 2025

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.

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

The California Department of Education (CDE) administers the funds and establishes guidelines for implementation. The CDE email address for Prop 28 questions: Prop28@cde.ca.gov.

More information from CDE can be found on their website.

 

Overview – JANUARY 2025 UPDATE

Proposition 28: the Arts and Music in Schools—Funding Guarantee and Accountability Act  (Prop 28 AMS) provides annual funding for arts education programs (approximately $800 million to $1 billion annually). Prop 28: AMS is in addition to the Prop 98 education funding guarantee.

Prop 28 summary:

    • A Statewide Permanent Funding Source for Arts Education. All PreK to 12th grade public schools receive ongoing funding (i.e., allocated annually)
      • Each year’s allocated funds are available for up to three fiscal years. LEAs continue to receive funding each year even if we haven’t spent the last year’s allocation. Please see the CDE’s Year-at-a-Glance(PDF) for key dates and deadlines.
      • Funding is allocated using an equity formula, with additional funding going to economically disadvantaged students (i.e., students qualifying for a Free or reduced-price lunch).
    • Funds Must Increase Access to Arts Education. Local Education Agencies (LEAs) (e.g., School Districts, County Offices of Education, and Charter Schools) must certify that the funds were used to supplement (i.e., increase) funding for existing arts education programs and not supplant (i.e., replace) existing funding for those programs.
      • 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).
  • Most funding for arts education instructors: At least 80% are restricted to certified or classified school district employees to provide arts education instruction. 
  • Up to 20% are for arts education support, including teacher training, supplies, materials, and arts educational partnership programs.
  • LEAs with 500 pupils or less are exempt from this requirement. For “good cause,” the CDE may waive school districts from the above funding requirement. 
  • Reporting Requirements: Each school site principal or program director must develop an expenditure plan. LEAs must submit an annual board-approved report detailing how they spent the funds and certify that they used them per the requirements.

Prop 28 Key Questions:

  • What is the waiver process? 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.
  • 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).
  • Can Proposition 28 funds be used for nonprofit arts providers, primarily 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.

What Can I do to support Prop 28 and Arts Education in my School?

  • Get informed. Learn about the benefits of arts education and the current status or arts education access in your school. 
  • Formulate a Message. Present your case backed by data and examples of successful arts programs elsewhere. Consider the following: What do you want your school district to know and do? What specific arts education benefits align with your school’s priorities?
  • Engage Stakeholders. Connect with your school site principal, school board, district superintendent, advisory committees, and parent groups (e.g., PTA/PTO).
    • Add Prop 28 and Arts Education to the next PTA, School Site Council or LCAP meeting agenda. Share your message and outstanding questions.
    • Provide public comment at the next District School Board meeting. Use our  Guide to Providing Public Comment at School Board Meetings.
    • Schedule meetings with with school administrators, school board members, and community leaders to share the information you gathered.
  • Raise Awareness: Share resources and carry your message at events.
    • Forward this blog post to your school site and district leadership as well as community partners.
    • Use the Contact Your School Leader tool to Look up your school leaders and let them know that every child in your community deserves access to a quality arts education.
    • Use the calls to action on this webpage to encourage other arts advocates to fight for equitable implementation for Prop 28
    • Share this downloadable one-sheet for parents and guardians; the Spanish version of the one-sheet.
    • Share these arts education strategic planning resources and advocate for an arts plan and VAPA coordinator if your school district doesn’t have them.
    • Share the Prop 28 AMS Planning Toolkit with your school district leaders.
    • Contact local media outlets and share your message and concerns. If you are a student, contact your student paper editor and ask them to write an article on the status of arts education in your district and how it’s using Prop 28 funds. Here is a student example.
  • Organize. Reach out to local arts organizations, parent groups, and advocacy groups to organize events, public comment at school board meetings, or public letters. 

 

Key Resources:

Create CA Resources

California Department of Education Resources

Los Angeles County Office of Education Prop 28 Resources: 

Other Resources

 

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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