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Proposition 28—Arts and Music in Schools FAQs

Frequently Asked Questions (FAQs) and answers regarding Proposition 28—The Arts and Music in Schools (AMS) Funding Guarantee and Accountability Act.

Funding Calculations and Apportionment of Funds

  1. Which schools will receive AMS funding? (Updated 11-1-2023)

    Recipients include eligible public preschools, Transitional Kindergarten through grade 12 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).

  1. Which preschools will receive funding? (Updated 11-1-2023)

    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 (CDE).

  1. Is there a timeline available for the rollout of funding to LEAs? (Updated 12-18-2023)

    The preliminary entitlement estimates are available on the Proposition 28: Arts and Music in Schools web page. The CDE will publish revised AMS entitlements with the certification of the 2023–24 First Principal Apportionment in February 2024; significant revisions to entitlement amounts are not anticipated.

    AMS funds will be included in an LEA's monthly Principal Apportionment payment beginning with the 2023–24 First Principal Apportionment (February 2024). For information about the Principal Apportionment, go to the CDE Principal Apportionment web page.

  1. How much funding is available? (Updated 7-24-2023)

    The amount of funding available each fiscal year for the AMS program will be one percent of the Kindergarten through grade 12 (K–12) 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 minimum Proposition 98 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.

  1. Will the amount of funding for each fiscal year change? (Updated 7-24-2023)

    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 (DOF) as part of the May Revision of the Governor’s Budget. This total appropriation amount is final.

  1. Does my LEA need to apply for AMS funds? How will allocations be calculated? (Updated 11-1-2023)

    LEAs do not need to apply for AMS funds. Funding will be automatically allocated by the CDE to each K–12 LEA using the methodology outlined in subdivision (c) of Education Code Section 8820 External link opens in new window or tab., which is based on the share of statewide total enrollment and the share of enrollment of economically disadvantaged pupils, as defined in Education Code Section 8821 External link opens in new window or tab., at each eligible schoolsite of the K–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.

  1. What data is used in the funding calculation?

    AMS funding is calculated based on prior year pupil enrollment and prior year enrollment of pupils eligible for free or reduced-price meals (FRPM).

    TK–12 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 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.

  1. 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 11-6-2023)

    For schools serving preschool pupils that are eligible for 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 K–12 pupils at a determinative elementary school, pursuant to Education Code Section 8820(c)(2). The determinative elementary school is the elementary or K–12 school in the LEA with the highest percentage of FRPM-eligible pupils enrolled. If there is no elementary or K–12 school within the LEA, then the determinative elementary school is the elementary or K–12 school within the county with the highest percentage of FRPM-eligible pupils.

  1. What enrollment is used to determine if my LEA is above the 500 pupils or more threshold and subject to the requirement to use at least 80 percent of 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 FAQ 7 for details on sources of enrollment data.

  1. How can I determine whether planned expenditures are allowable?
    The CDE is not approving or denying individual LEA requests for allowable expenditures. All expenditures should be consistent with statute.

Use of AMS Funds

  1. What type of arts programs can these funds be used for?

    "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.

  1. Who decides which program a school will offer?

    Each school can determine which program or programs it will offer. School administrators—in collaboration with teachers, families, and students—should together make the choice that best serves students in their local school community.

  1. Are there restrictions on how schools can use this funding? (Updated 12-18-2023)

    All funds must be used to provide arts education programs, as described in FAQ 11. LEAs with more than 500 pupils must expend at least 80 percent of the funds to employ certificated or classified employees to provide arts education instruction and the remaining funds for training supplies, curriculum, professional learning, materials, and arts educational partnership programs. 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 an 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. Information about attendance accounting and instructional time requirements is available on the CDE Instructional Time and Attendance Accounting web page.

  1. Are school sites with enrollment of fewer than 500 pupils required to expend at least 80 percent of AMS funds for salaries? (Added 12-18-2023)

    The requirement that at least 80 percent of AMS expenditures be used for certificated and classified salaries for providing arts education program instruction is based on the total enrollment of the LEA, not the school site. All LEAs, including charter schools, with enrollment of fewer than 500 pupils are exempt from this requirement. See FAQ 9 for details about what enrollment is used to make this determination.

  1. What is an LEA for the purpose of AMS? (Added 12-18-2023)

    For the purpose of the AMS, statute defines LEA as K–12 school districts, county offices of education, charter schools, and the California School for the Blind and the California school for the Deaf.

  1. Can an LEA spend more than 1 percent of 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.

  1. Can schools pool their AMS funds, and can school districts help to facilitate inter-school programs? (Updated 7-24-2023)
    Yes, schools can share teachers and teacher aides as well as community arts partners, and 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. However, other restrictions outside of AMS could prohibit or restrict this. For example, 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 CDE Instructional Time and Attendance Accounting web page.
  2. Can LEAs reallocate funds from one school to another or others? (Added 1-02-2024)

    No. The language in the statute mandates how the funding is calculated and must be allocated. Statute does not provide for the reallocation of funds. See California Education Code sections 8820(c) and 8820(d):

    (c) Funds appropriated pursuant to this chapter shall be allocated by the department to each local educational agency as the sum of the amount calculated pursuant to paragraph (1) and the amount calculated pursuant to paragraph (2) for each schoolsite in that local educational agency, as follows:

    (1) An amount equal to the product of 70 percent of the funding appropriated in subdivision (b) times the school’s enrollment in the prior fiscal year, divided by the total statewide enrollment in the prior fiscal year of local educational agencies.

    (2) An amount equal to the product of 30 percent of the funds appropriated in subdivision (b) times the school’s enrollment of economically disadvantaged pupils in the prior fiscal year, divided by the total statewide enrollment of economically disadvantaged pupils in the prior fiscal year of local educational agencies. For schools serving preschool pupils, the enrollment of economically disadvantaged preschool pupils shall be deemed to equal the enrollment of preschool pupils in the prior fiscal year times the same percentage of pupils that are economically disadvantaged at the elementary schoolsite with the highest percentage of economically disadvantaged pupils in the prior year within the preschool’s local educational agency. If there is no elementary school within the preschool’s local educational agency, the enrollment of economically disadvantaged preschool pupils shall be deemed to equal the enrollment of preschool pupils in the prior fiscal year times the same percentage of pupils that are economically disadvantaged at the elementary schoolsite with the highest percentage of economically disadvantaged pupils in the prior year within the preschool’s county.

    (d) Local educational agencies shall allocate to each schoolsite an amount equal to the sum of the amount calculated pursuant to paragraph (1) of subdivision (c) and the amount calculated pursuant to paragraph (2) of subdivision (c).

Expenditure Reporting, Annual Audits, and Waivers

  1. What are the reporting requirements for this program? (Added 12-18-2023)

    There are several reporting requirements for this program, both at the school site and LEA level. Please review the four areas below:

    Report Name AMS Statute Responsible Party Frequency Requirements

    School Site Expenditure Plan

    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, be board approved, or submitted to the CDE. For details see FAQ 14.

    Annual Report

    8820(g)(4)

    LEA

    Annual

    This annual report must be board approved, submitted to the CDE, and posted to the LEA's website. (Note: The CDE reporting tool is under development.) 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

    Annual Certification

    8820(g)(1-3)

    LEA

    Annual

    LEAs must annually certify that all funds will be used to provide arts education programs, among other assurances. See FAQ 24, 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.

    Expenditure Report

    8820(f)(2)

    LEA

    By October 1 after the three-year expenditure spending period concludes, or 60 days after ceasing operation (charter schools only)

    LEAs are required to report to the CDE the amount of unexpended AMS funds. The CDE reporting tool is under development and will be provided here upon completion

    Auditing

    8820(I)

    LEA

    Annual

    Pursuant to California Education Code Section 41020, these funds are subject to the annual state compliance audit. See FAQ 25 for additional information.

  2. Do any "supplement not supplant" requirements apply to AMS? (Updated 12-18-2023)

    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, an 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 local educational agencies to increase funding of arts education programs and not to supplant existing funding for those programs (EC Section 8821[e]). The 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 can substantiate compliance with this requirement via the annual audit (i.e., example worksheets, etc.) will be available on the Proposition 28: Arts and Music in Schools web page after the 2023–24 audit guide supplement is adopted by the Education Audit Appeals Panel in spring of 2024.

  3. Has a Resource Code been established for these funds? (Updated 7-24-2023)

    Standardized Account Code Structure (SACS) Resource Code 6770 has been established for AMS funding.

  4. Is there an AMS school site expenditure plan template available? (Added 12-18-2023)

    No. The CDE does not intend to provide a template for an AMS individual school site plan required pursuant to EC 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.

  5. Do LEAs have three years to use the funds apportioned for a particular school year? (Added 12-18-2023)

    Yes. EC Section 8820 governs the expenditure period for 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 CDE by October 1. Unexpended funds will be collected by the CDE and allocated to all LEAs in the following fiscal year. The reporting tool/web page is still in development and will be included here when it becomes available.

  6. What are the conditions for using AMS funds? (Added 12-18-2023)

    As a condition of receipt of funds, a 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 FAQs 23 and 24 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;

    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; and

    5. submit an annual board- or body-approved report in a manner determined by the Superintendent, that shall be posted on the LEA’s and the CDE’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.
  7. Will these funds be subject to the annual state compliance audit pursuant to EC Section 41020? (Added 12-18-2023)

    Yes, AMS funds are subject to an annual audit to include verification that LEAs expended funds in accordance with their certifications and the requirements in EC Section 8220 beginning with the 2023–24 annual audit. Audit procedures are currently under development and will be released in March 2024 as part of the 2023–24 Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting.

  8. What is the waiver process for AMS funds? (Added 12-18-2023)

    EC Chapter 5.1, Section 8820, subsection (h) states that the CDE may, for good cause shown, provide a waiver to exempt them from EC Chapter 5.1, Section 8820, subsection (g). LEAs are required to submit a written request for a waiver once for each allocation year within the three-year expenditure period. The waiver tool/web page is still in development and will be included here when it becomes available.

  9. Does each school site submit their own waiver, or do LEAs submit waivers on behalf of schools seeking a waiver? (Added 12-18-2023)

    LEAs are responsible for submitting a waiver, not individual schools. The waiver tool/web page is still in development and will be included here when it becomes available.

Questions:   Curriculum Frameworks and Instructional Resources Division | Prop28@cde.ca.gov
Last Reviewed: Thursday, January 4, 2024
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