April 29, 2024

Dear County and District Superintendents and Charter School Administrators:

Reminder of Proposition 28: Arts and Music in Schools Funding Guarantee and Accountability Act Requirements

In response to questions about allowable uses of funds allocated through Proposition 28: Arts and Music in Schools (AMS), we are reaching out to remind all local educational agencies (LEAs) of statutory requirements related to AMS funds.

As stated in the measure passed by the voters, funds may be used to supplement arts and music programs, not to supplant. This requirement is defined in two relevant sections of the California Education Code:

• In accordance with California Education Code Chapter 5.1, Section 8820, subsection (g)(2), all LEAs must “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.”
• Education Code Chapter 5.1, Section 8821, subsection (e) defines “supplement” to mean “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.”

LEAs are strongly encouraged to exercise appropriate local processes to monitor effective program implementation and ensure that all AMS funds are expended in compliance with the California Education Code.

I am convening an Arts and Music in Schools Advisory Council to help guide the implementation of AMS funds. If you have any need for technical assistance regarding AMS funds, please email Prop28@cde.ca.gov. For further information about the Prop 28 AMS financial and audit requirements, please visit the CDE Proposition 28 AMS Financial & Audit Requirements web page at https://www.cde.ca.gov/eo/in/prop28auditresource.asp.

Sincerely,

Tony Thurmond
State Superintendent of Public Instruction