Proposition 28—Arts and Music in Schools FAQs

Funding Calculations and Apportionment of Funds

1. Which schools will receive Arts and Music in Schools (AMS) funding? (Updated 11-1-2023)

   Recipients include eligible public preschools, transitional kindergarten through grade twelve public schools (including charter schools), and the State Special Schools (California School for the Blind, Fremont; California School for the Deaf, Fremont; and California School for the Deaf, Riverside).

2. Which preschools will receive funding? (Updated 01-Nov-2023)

   Funding for preschools is limited to local educational agency (LEA) based California state preschool programs and preschools for pupils with exceptional needs in an LEA. In accordance with statute, all funds will be apportioned to the LEA, which is required to allocate funds to eligible school sites in the amounts calculated by the California Department of Education.

3. When will schools learn how much funding they will receive each year? (Updated 07-May-2024)

   Arts and Music in Schools (AMS) funding for each eligible school will be estimated each July as part of the Advance Apportionment certification using second prior year data and the current year budget appropriation. At First Principal Apportionment the following February, the California Department of Education (CDE) will publish AMS funding amounts based on updated data as required by statute. AMS allocations are final as of that fiscal year’s Second Principal Apportionment, which is certified in June. For example, Fiscal Year 2024 –25 amounts will be estimated in July 2024, recalculated in February 2025, and final as of June 2025. Funding allocations will be published by fiscal year to the Proposition 28: Arts and Music in Schools webpage.

   Please refer to Frequently Asked Question (FAQ) 7 for detailed information about data sources for the purpose of the calculation of funding.

   For information about the Principal Apportionment, go to the CDE Principal Apportionment webpage.

4. How much funding is available? (Updated 01-Mar-2024)

   The amount of funding available each fiscal year for the Arts and Music in Schools (AMS) program will be one percent of the kindergarten through grade twelve portion of the Proposition 98 funding guarantee provided in the prior fiscal year, excluding funding appropriated for the AMS program. The measure specifies that this funding is on top of the Proposition 98 minimum guarantee calculated for the year excluding the amount provided under the AMS program.

   Approximately $938 million has been appropriated in the Budget Act for 2023 for the AMS program for the 2023–24 fiscal year. The amount available for the 2024–25 fiscal year is scheduled to be announced by the Department of Finance in May 2024.

5. Will the amount of funding for each fiscal year change? (Updated 24-Jul-2023)

   The amount of funding available for each fiscal year will be determined prior to the beginning of the fiscal year by the Department of Finance as part of the May Revision of the Governor’s Budget. This total appropriation amount is final.

6. Does my local educational agency (LEA) need to apply for Arts and Music in Schools (AMS) funds? How will allocations be calculated? (Updated 01-Nov-2023)

   LEAs do not need to apply for AMS funds. Funding will be automatically allocated by the California Department of Education (CDE) to each transitional kindergarten through grade twelve (TK–12) LEA using the methodology outlined in subdivision (c) of California Education Code (EC) Section 8820 , which is based on the share of statewide total enrollment and the share of enrollment of economically disadvantaged pupils, as defined in EC Section 8821 , at each eligible schoolsite of the TK–12 LEA.

   Funding will be calculated at the school site level and allocated to the LEA, which is required to allocate funds to eligible school sites in the amounts calculated by the CDE (EC Section 8820[d]).

7. What data is used in the funding calculation?

   Arts and Music in Schools (AMS) funding is calculated based on prior year pupil enrollment and prior year enrollment of pupils eligible for free or reduced-price meals (FRPM).
   
   Transitional kindegarten through grade twelve Census Day total enrollment and enrollment of FRPM-eligible pupils are reported in the California Longitudinal Pupil Achievement Data System (CALPADS) as part of the Fall 1 data submission. This data is publicly available on the Free or Reduced-Price Meal (Student Poverty) Data web page.
   
   Preschool enrollment used to calculate AMS funding includes pupils enrolled in local educational agency (LEA) based California state preschool programs and pupils three through five years of age enrolled in preschool programs for pupils with exceptional needs in an LEA. California state preschool program enrollment is from the prior year October report in the Child Development Management Information System. Preschool enrollment for special education programs is from prior year Census Day enrollment data reported via CALPADS.
   

8. How is the determinative elementary school selected for the purpose of calculating an individual school site’s free and reduced price meal (FRPM) eligible preschool pupil count? (Added 11-Jun-2023)

   For schools serving preschool pupils that are eligible for Arts and Music in Schools (AMS) funding, a proxy count of economically disadvantaged preschool pupils is calculated by multiplying the school’s prior-year preschool enrollment by the prior-year percentage of FRPM-eligible transitional kindergarten through grade twelve (TK–12) pupils at a determinative elementary school, pursuant to Education Code Section 8820(c)(2). The determinative elementary school is the elementary or TK–12 school in the local educational agency (LEA) with the highest percentage of FRPM-eligible pupils enrolled. If there is no elementary or TK–12 school within the LEA, then the determinative elementary school is the elementary or TK–12 school within the county with the highest percentage of FRPM-eligible pupils.

9. What enrollment is used to determine if my local educational agency (LEA) is above the 500 pupils or more threshold and subject to the requirement to use at least 80 percent of Arts and Music in Schools (AMS) expenditures to employ certificated or classified employees to provide arts education program instruction?

   The enrollment count used to determine whether an LEA is subject to this requirement is based on the total enrollment of the LEA that was used to calculate the LEA’s funding for the allocation year. For example, funding allocated in Fiscal Year 2023–24 is based on the LEA’s enrollment in Fiscal Year 2022–23. See Frequently Asked Question 7 for details on sources of enrollment data.

10. How can I determine whether planned expenditures are allowable?

    The California Department of Education is not approving or denying individual local educational agency requests for allowable expenditures. All expenditures should be consistent with statute. See Frequently Asked Questions 11–20 for additional information.

Use of Arts and Music in Schools (AMS) Funds

11. What type of arts programs can these funds be used for? (Updated 01-Mar-2024)

    "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, craft arts, creative expression including graphic arts and design, computer coding, animation, music composition, ensembles, script writing, costume design, film, and video.
    
    California Education Code sections 51210 and 51220 recognize dance, music, theatre, and visual arts as courses of study, aimed at the development of aesthetic appreciation and the skills of creative expression.
    
    The 2019 California Arts Standards for Public Schools, Prekindergarten Through Grade Twelve (Arts Standards) (PDF) add an additional course of study: media arts.
    
    The table below captures recognized courses of study, along with a non-exhaustive list of examples accessed on the California Longitudinal Pupil Achievement Data System (CALPADS) System Documentation webpage. The document that lists codes that can only be used in specific combinations in CALPADS is titled CALPADS Valid Code Combinations v15.2 (XLSX).
    
    Note: When viewing the document titled "CALPADS Valid Code Combinations v15.1," navigate using the arrows at the bottom left of the document to the sheet titled "Course Group Master Combos." This tab includes all course group names, course group codes, and content area assignments, etc. An additional sheet on this document titled "CrsGrpSt-ContentSbctgy" details all associated course subcategories, including their course names, course codes, and effective academic years.

    Dance	Theatre	Music	Visual Arts	Media Arts
    ballet folk/traditional hip hop jazz modern	costume design script writing acting directing stagecraft	music theory vocal music music composition and ensembles music appreciation	folk art painting sculpture craft arts drawing	graphic arts and design computer coding animation film and video photography

12. Who decides which program a school will offer? (Updated 07-May-2024)

    School administrators—in collaboration with teachers, families, and students—should together make the choice that best serves students in their local school community.
    There are several conditions of receipt of funds that must be met and are subject to audit verification (see Frequently Asked Questions 16 and 21). 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.

13. Are there restrictions on how schools can use this funding? (Updated 01-Mar-2024)

    All funds must be used to provide 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.

    LEAs that use AMS funds for arts program instruction as part of the regular school day should keep in mind that statute requires that students be under the immediate supervision and control of a certificated employee of the LEA in order to generate attendance for apportionment and receive instructional time credit. See EC sections 46300(a) and 47612.5(e)(1).
    
    Information about attendance accounting and instructional time requirements is available on the CDE Instructional Time and Attendance Accounting web page.

14. Can Arts and Music in Schools (AMS) funds be used for arts instruction outside of the regular school day or off campus? (Added 01-Mar-2024)

    Yes. All expenditures should be consistent with statute. For information regarding restrictions on the use of AMS funds, see Frequently Asked Question 13. For information regarding reporting and certification requirements, see Frequently Asked Question 21.
    
    Information about attendance accounting and instructional time requirements is available on the CDE Instructional Time and Attendance Accounting web page.

15. What counts as certificated or classified employees for the purpose of Arts and Music in Schools(AMS)? (Added 01-Mar-2024)

    Both the California School Accounting Manual (CSAM) and California Education Code (EC) provide information regarding employment classification.
    
    The 2019 CSAM, including object codes, definitions, instructions, and procedures, is located on the Definitions, Instructions, and Procedures web page.
    
    EC Section 44006 refers to a “certificated person” as a person who holds one or more documents such as a certificate, a credential, or a life diploma which singly or in combination license the holder to engage in the school service designated in the document or documents. (Enacted by Stats. 1976, Ch. 1010.)
    
    EC sections 45103, 45104, 45256 specify what is considered a classified employee.

    • EC 45103 text
      
    • EC 45104 text
      
    • EC 45256 text
      

16. What is California Education Code (EC) Section 8820(g)(1)(2)(3), and does it apply to the local educational agency (LEA) or the school site? (Updated 22-Apr-2024)

    EC Section 8820 states:

    7. As a condition of receipt of funds pursuant to this chapter, a local educational agency shall annually:
       
       
       1. Certify that all funds will be used to provide arts education programs, and that funds expended in the prior fiscal year were, in fact, used for those purposes, except as provided in paragraph (3). For local educational agencies with an enrollment of 500 or more pupils, the certification shall also ensure that at least 80 percent of funds to be expended will be used to employ certificated or classified employees to provide arts education program instruction and that the remaining funds will be used for training, supplies and materials, and arts educational partnership programs.
          
          
       2. Certify that such funds received will be used to supplement funding for arts education programs and that funds expended in the prior fiscal year were, in fact, used to supplement arts education programs.
          
          
       3. Certify that no more than 1 percent of funds received will be used for a local educational agency’s administrative expenses to implement this chapter and that funds received in the prior fiscal year were, in fact, used within that limit.
          For purposes of AMS, an LEA is a school district, county office of education, or charter school. Each of the certifications, see FAQ 26, and requirements listed in EC Section 8820(g) is required of the LEA, not the individual school site. As part of the annual audit, each LEA will be subject to verification that each of these requirements has been met.
          

    
    

    For purposes of AMS, an LEA is a school district, county office of education, or charter school. Each of the certifications, see Frequently Asked Question 26, and requirements listed in EC Section 8820(g) is required of the LEA, not the individual school site. As part of the annual audit, each LEA will be subject to verification that each of these requirements has been met.

    If an LEA has enrollment of 500 or more pupils, even if individual school sites have less than 500 pupils, at least 80 percent of AMS funds expended by the LEA should be used to employ certificated or classified employees to provide arts education program instruction. This does not prohibit individual school sites within an LEA from being under the 80 percent requirement so long as the LEA is in compliance. Additionally, this requirement may be met over a three-year expenditure period to the extent that not all funds received in a given fiscal year are fully expended within that same fiscal year. If an LEA decides to submit a written waiver request of the requirement found in EC Section 8820(g)(1), the request will be submitted by the LEA, not individual school sites, and the waiver, if granted, will apply to the entire LEA.

    All LEAs, including charter schools, with total enrollment of fewer than 500 pupils are only exempt from the requirement that at least 80 percent of funds to be expended will be used to employ certificated or classified employees to provide arts education program instruction. See FAQ 9 for details about what enrollment is used to make this determination.

    Lastly, the certification that expended funds supplement funding for arts education programs and that no more than 1 percent of funds received will be used for an LEA’s administrative expenses applies to the entire LEA regardless of total pupil enrollment or waiver status.

17. What is a local educational agency (LEA) for the purpose of Arts and Music School (AMS)? (Added 18-Dec-2023)

    For the purpose of the AMS, statute defines LEA as transitional kindergarten through grade twelve school districts, county offices of education, charter schools, and the California School for the Blind, Fremont; and California school for the Deaf, Fremont; and the California School for the Deaf, Riverside.

18. Can a local educational agency (LEA) spend more than 1 percent of Arts and Music in Schools (AMS) funds on administrative expenses?

    No more than 1 percent of funds received may be used for an LEA’s administrative expenses, including indirect costs, to implement this program. Additional guidance for LEAs to demonstrate compliance with this requirement for the purpose of the annual audit (i.e., example worksheets, etc.) is available on the California Department of Education Proposition 28 AMS Financial & Audit Requirements web page.

19. Can schools pool their Arts and Music Schools (AMS) funds? (Updated 07-May-2024)

    Yes, schools can share teachers and teacher aides as well as community arts partners as long as the allocation from one school site is not being used to pay for the cost of arts education programs at another school site. This strategy may be useful for school sites whose AMS allocation is not sufficient to hire a full-time teacher. For example, a teacher could teach at one school on Monday and Tuesday and at another on Wednesday, Thursday, and Friday. See Frequently Asked Question (FAQ) 13 for information about use of funds requirements. See FAQ 20 for information about restrictions on the reallocation of funds between school sites. Lastly, local educational agencies (LEAs) that use AMS funds for arts education program instruction as part of the regular school day should keep in mind that statute requires that students be under the immediate supervision and control of a certificated employee of the LEA in order to generate attendance for apportionment and receive instructional time credit. Information about attendance accounting and instructional time requirements is available on the California Department of Education Instructional Time and Attendance Accounting web page.
    

20. Can local educational agencies (LEAs) reallocate funds from one school to another or others? (Added 02-Jan-2024)

    No. The language in the statute specifies that funds must be allocated to each school site in the amount calculated by California Department of Education. Statute does not provide for the reallocation of funds from one school site to another under any circumstances. California Education Code Sections 8820[c] and 8820[d].
    

Reporting, Annual Audits, and Waivers

21. What are the documents and reports that are required to be prepared by local educational agencies (LEAs) that received Arts and Music in Schools (AMS) funds, and do they apply at the school site level or at the LEA level ? (Updated 07-May-2024)

    LEAs that receive AMS funds are required to prepare four documents. One required document is to be completed at the school site level, and the other requirements are to be fulfilled at the LEA level, as outlined below:

    Report Name	California Education Code (EC) Statute	Responsible Party	Frequency	Requirements	Subject to Audit Verification
    School Site Expenditure Plan	EC 8820(e)	School site	Annual	While each school is required to create an expenditure plan, it is not mandated that it be posted on the LEA website, or submitted to the California Department of Education (CDE). For details see Frequently Asked Question (FAQ) 24.	No
    Annual Report	EC 8820(g)(4)	LEA	Annual (available annually from 5/1 to 6/30 on the AMS web portal starting on 5/1/2024)	This annual report must be board approved, submitted to the CDE through the Arts and Music in Schools Portal, and posted to the LEA's website. The mandated information for this report includes: The number of full-time equivalent teachers, classified personnel, and teaching aides The number of pupils served The number of school sites providing arts education programs with AMS funds	Yes (see audit procedure T3 (PDF))
    Annual Certification	EC 8820(g)(1-3)	LEA	Annual (will become available to complete on the AMS web portal for the 2024–25 allocation from 5/1/25 through 6/30/25)	Local educational agencies (LEAs) must annually certify that all funds will be used to provide arts education programs, among other assurances. See FAQ 26, conditions a–d, for the specific information the annual certification must include. Note that the certification must be kept for auditing purposes but is not required to be posted on the LEA web page or submitted to the CDE. To make this certification, access the Arts and Music in Schools Portal.	Yes (see audit procedures T1, T2, T4, T5, T6 and T7 (PDF))
    Expenditure Report	EC 8820(f)(2)	LEA	By October 1 after the three-year expenditure spending period concludes, or 60 days after ceasing operation (charter schools only) (This will become available to complete on the AMS web portal for the 2023–24 allocation from 5/1/26 through 9/30/26)	LEAs are required to report to the CDE the amount of unexpended AMS funds. To submit this report, access the Arts and Music in Schools Portal.	No

22. Do any "supplement not supplant" requirements apply to Arts and Music in Schools (AMS)? (Updated 22-Apr-2024)

    Yes, California Education Code (EC) Chapter 5.1, Section 8820, subdivision (g), paragraph (2), states that as a condition of receipt of funds pursuant to this chapter, a local educational agency (LEA) shall annually: “Certify that such funds received will be used to supplement funding for arts education programs and that funds received in the prior fiscal year were, in fact, used to supplement arts education programs.” For the purpose of this program, “supplement” means that the funds appropriated by this chapter shall be used by LEAs to increase funding of arts education programs and not to supplant existing funding for those programs (EC Section 8821[e]). The California Department of Education (CDE) recommends that each LEA seek guidance from their legal counsel for guidance relative to their annual usage of AMS funds and whether they can make this certification each year. The CDE is not approving or denying individual LEA requests for allowable expenditures. All expenditures should be consistent with statute. Additional guidance for LEAs to demonstrate compliance with this requirement for the purpose of the annual audit (i.e., example worksheets, etc.) is available on the CDE Propostion 28 —AMS Financial & Audit Requirements web page.

23. Has a Resource Code been established for these funds? (Updated 24-Jul-2023)

    Standardized Account Code Structure (SACS) Resource Code 6770 has been established for Arts and Music in Schools funding.

24. Is there an Arts and Music in Schools (AMS) school site expenditure plan template available? (Added 18-Dec-2023)

    No. The California Department of Education (CDE) does not intend to provide a template for an AMS individual school site plan required pursuant to California Education Code Section 8820, subdivision (e). Each school site should develop its own plan. The statute does not require school site expenditure plans to be submitted to or approved by the CDE. See Frequently Asked Question 12 for additional information about program selection and local educational agency coordination.

25. Do local educational agencies (LEAs) have three years to use the funds apportioned for a particular school year? (Updated 22-Apr-2024)

    Yes. California Education Code (EC) Section 8820(f) governs the expenditure period for Arts and Music in Schools (AMS) funds, and it indicates that allocated funds are available for use for up to three fiscal years. At the end of the third year, the amount of unexpended funds shall be reported to the California Department of Education (CDE) on the AMS Portal by October 1. Unexpended funds will be collected by the CDE and allocated to all LEAs in the following fiscal year.

26. What are the conditions of receipt of Arts and Music in Schools (AMS) funds? (Added 18-Dec-2023)

    California Education Code Section 8820(g) states that, as a condition of receipt of funds, a local educational agency (LEA) shall annually

    1. certify that all AMS funds will be used to provide arts education programs and that AMS funds expended in the prior fiscal year were, in fact, used for those purposes;
       
       
    2. for LEAs with an enrollment of 500 or more pupils, the certification shall also ensure that at least 80 percent of AMS funds to be expended will be used to employ certificated or classified employees to provide arts education program instruction and that the remaining funds will be used for training, supplies and materials, and arts educational partnership programs—unless a waiver has been granted (see Frequently Asked Questions (FAQs) 28–29 for information on waivers);
       
       
    3. certify that AMS funds received will be used to supplement funding for arts education programs and that AMS funds expended in the prior fiscal year were, in fact, used to supplement arts education programs (see FAQ 22 for information on supplement verse supplant);
       
       
    4. certify that no more than 1 percent of AMS funds received will be used for a LEA’s administrative expenses to implement this chapter and that AMS funds received in the prior fiscal year were, in fact, used within that limit (see FAQ 18 for information on administrative expenses); and
       
       
    5. submit an annual board- or body-approved report in a manner determined by the Superintendent, that shall be posted on the LEA and the California Department of Education's internet websites and that details the type of arts education programs funded by the program, the number of full-time equivalent teachers, classified personnel, and teaching aides, the number of pupils served, and the number of school sites providing arts education programs with those funds.
       
       

27. Will these funds be subject to the annual state compliance audit pursuant to California Education Code (EC) Section 41020? (Updated 22-Apr-2024)

    Yes. Arts and Music in Schools (AMS) funds are subject to an annual audit to include verification that local educational agencies (LEAs) expended funds in accordance with their certifications and the requirements in EC Section 8220 beginning with the 2023–24 annual audit. Access the audit procedures associated with the AMS and other resources at the AMS Financial & Audit Requirements web page. The requirements of EC Section 8820(g) are conditions of receipt of funds and will be verified in the audit. As such, LEAs must make the required certifications annually regardless of whether any AMS funds are expended in that fiscal year.

28. What is the waiver process for Arts and Music in Schools (AMS) funds? (Updated 22-Apr-2024)

    California Education Code (EC) Chapter 5.1, Section 8820, subdivision (h) states that the California Department of Education (CDE) may, for good cause shown, provide a waiver to exempt them from EC Chapter 5.1, Section 8820, subdivision (g)(1).
    
    If a local educational agency (LEA) decides to submit a written waiver request of the requirement found in EC Section 8820(g)(1), the request will be submitted to the CDE by the LEA, not individual school sites, and the waiver, if granted, will apply to the entire LEA.
    
    If an LEA wishes to submit a waiver request for multiple allocation years, they must submit a separate waiver request for each allocation year within that allocation’s three-year expenditure period. LEAs that want a waiver must submit a new request for each allocation year. The request may be submitted at any point within the three-year expenditure period for each allocation. If a waiver request is approved, it applies for the duration of the expenditure period. Suggested components of the waiver request include:
    

    • Request Type & Allocation Year: LEAs should specify which portion of EC Section 8820(g)(1) they want to waive and for which allocation year.

    • Budgetary Proposal: LEAs should provide an estimate of how the funds will be spent compared to the statute's mandate of 80 percent on staffing.

    • Problem Statement: LEAs should write a clear explanation of why a waiver is needed, inclusive of a justification and prior efforts made to meet AMS statute requirements.

    • Narrative Proposal: LEAs should outline a plan detailing how AMS funds will be spent should a waiver be granted. The proposal should clearly address the problem statement.

    • Desired Outcome: LEAs should provide a measurable outcome of how a waiver will allow AMS funds to supplement arts programming.
    

    Access the waiver tool is available on the AMS Portal. After LEAs submit the waiver request, the CDE will review the waiver submissions on a rolling basis and either approve or deny the waiver. Should the waiver request be denied, LEAs will be provided written feedback from the CDE, and they will have the opportunity to edit and resubmit the waiver request.
    

29. Does each school site submit their own waiver, or do local educational agencies (LEAs) submit waivers on behalf of schools seeking a waiver? (Updated 22-Apr-2024)

    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.