Legislation signed by Governor Gavin Newsom is designed to increase state funding for arts teachers in local schools. Assembly Bill 2440 seeks to provide guidance on using arts funding under Proposition 28, passed by voters in November 2022.
“The clear message we heard was that many school districts have been struggling to navigate legal ambiguity regarding compliance with Proposition 28,”
said bill author Al Muratsuchi.
This law is intended to prevent schools from violating spending rules, which could lead to financial penalties. Proposition 28 earmarks close to $1 billion annually, equal to 1% of the state’s base education funding, enhancing arts education by tapping into the state’s general fund.
The distribution of funds began in the 2023-24 school year and has been recurring each year. Despite the availability of funds, millions remain unspent due to local officials’ fears of violating spending regulations.
Arts organizations and educators support the bill, asserting it will make the use of funds simpler, while no formal opposition has been recorded. However, Austin Beutner, Proposition 28’s author, expressed concerns that the bill might allow misuse of funds.
Beutner warned the bill could undermine the mandate for every school to receive arts funding. He argued it might also negate provisions for higher funding levels to campuses serving low-income communities. Additionally, he cautioned the bill could allow districts to substitute existing arts funding with the new funds, failing to enhance arts education.
Responding to these concerns, a compromise was reached, allowing small schools to pool funds for shared arts teachers, ensuring arts instruction reaches each school. The bill also offers legal protection to districts against financial penalties if outside variables, like expired grants, reduce arts funding.
Meanwhile, a lawsuit against LAUSD is ongoing, alleging the intentional misuse of arts funds. Beutner accused LAUSD of replacing former funding sources with Proposition 28 funds, violating stipulations for supplementary funding. This lawsuit highlights 37 elementary schools with unchanged or reduced arts budgets from 2022-23 to 2023-24.
In response to growing criticism, LAUSD discreetly increased the elementary school arts budget by $30 million for the 2024-25 school year. LAUSD maintains adherence to state guidelines to comply with Proposition 28 requirements.