Prop 28 Arts and Music in Schools Plans
All funds must be used to provide expanded arts education programs, as described in Frequently Asked Question 11. CaliforniaEducation 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
California Department of Education Instructional Time and Attendance Accounting web page.