Understanding Prop 28: The Arts & Music Funding Guarantee
In 2022, California voters passed Proposition 28, the Arts and Music in Schools Funding Guarantee & Accountability Act. Beginning in 2023-24, Prop 28 provides ongoing arts funding equal to 1% of the state’s K-12 education budget.
Each Local Educational Agency (LEA)—school districts, county offices, and charter schools receives funding based on student enrollment and the number of low-income students.
Funds must supplement, not replace, existing arts budgets and must be spent on direct arts education.
Sources: California DOE Prop 28 Overview | Create CA Policy Guide
Key Funding Rules That Impact Vendor Use
| Rule | What It Means | Source |
|---|---|---|
| 80% Staffing Rule | For LEAs with 500+ students, at least 80% of funds must employ certificated or classified arts staff. ➡ If staffing positions cannot be filled, districts may apply for a Prop 28 waiver, allowing them to partner with approved vendors like ASMA to provide arts instruction under compliant supervision. | CDE Prop 28 Guide |
| 20% Partnership Allowance | Up to 20% may fund training, materials, or arts education partnership programs, the category for vendors. | CDE FAQ |
| 1% Administrative Cap | Only 1% may go to indirect or admin costs. | CDE FAQ |
| Supplement Not Supplant | Funds must expand, not replace, current programs. | CDE FAQ |
| Instructional Supervision | Vendor classes must operate under a certificated employee’s supervision during instructional time. | CDE FAQ |
How Schools Can Work with Vendors Under Prop 28
Allocate Vendor Services Within the 20% Allowance
Vendor or community arts contracts count toward the 20% “partnership” category, not the 80% staffing portion.
This category was intentionally designed to let districts collaborate with qualified arts partners for specialized services such as residencies, workshops, after-school music programs, and unique offerings like digital production or drumming.
These partnerships make it possible to scale arts access quickly while districts continue to build internal staffing capacity.
When Staffing Gaps Exist — Apply for a Waiver
If your district is unable to hire enough credentialed instructors to meet the 80% staffing requirement, the CDE allows a Prop 28 staffing waiver to be requested for good cause.
Once approved, this waiver enables the district to partner with external vendors like After School Music Academy to deliver compliant, high-quality arts instruction.
This flexibility prevents delays in launching programs and keeps funds actively serving students instead of sitting unused.
With ASMA, districts can activate turnkey solutions immediately; complete with qualified music instructors, attendance tracking, curriculum, and reporting support. Our team builds the entire program framework, making implementation simple, compliant, and stress-free for district staff.
Reference: Create CA Prop 28 Waiver FAQs
Use Vendors to Supplement, Not Replace
Vendor partnerships are most effective when they expand program capacity, offering creative disciplines or extended learning opportunities that credentialed staff can’t yet cover.
Examples include:
- Banda or Pop Band ensembles
- Contemporary music labs
- SEL-based Drum Circles
This “supplement, not supplant” approach ensures students receive well-rounded, culturally relevant, and engaging arts experiences while staying fully compliant with Prop 28 requirements.
Maintain Supervision and Attendance Compliance
During the instructional day, vendor-taught classes must generally operate under a certificated employee’s supervision to count toward instructional minutes.
However, if a district has received an approved Prop 28 staffing waiver due to shortages of credentialed arts instructors, that requirement may be temporarily waived.
This allows qualified vendors to deliver instruction independently, ensuring students continue to receive arts access while the district works to fill credentialed positions.
In all cases, accurate attendance tracking, lesson documentation, and reporting remain essential for funding compliance and transparency.
Document Everything
Maintain a clear paper trail:
- Signed vendor contracts and invoices
- Lesson schedules and attendance records
- Evidence that services supplement, not replace existing programs
- Reports aligning to LEA expenditure plans submitted to the CDE
Strong documentation not only protects compliance but also strengthens future funding justification.
Real-World Examples
- Small Rural Districts: Pool Prop 28 funds to share a vendor artist across multiple sites—maximizing access within the 20% partnership allowance.
- After-School Programs: Vendors like ASMA deliver turnkey enrichment classes (drumming, choir, pop band) aligned with ELOP and SEL goals, keeping students engaged and inspired.
The Takeaway
Prop 28 isn’t just funding—it’s flexibility.
Through waivers and partnership allowances, schools can collaborate with experienced vendors to build strong, compliant, and ready-to-launch arts programs that keep students learning, creating, and thriving.
Prop 28 Vendor Use FAQ
Can vendors teach during school hours?
Yes, typically, vendor-taught classes held during instructional time must operate under the supervision of a certificated employee to count toward instructional minutes. However, if the district has an approved Prop 28 staffing waiver due to shortages of credentialed arts teachers, vendors may teach independently while maintaining full compliance through the waiver process.
Do vendors count toward the 80% staffing rule?
Normally, no — vendors are classified as contracted partners, not employees, and their services count within the 20% partnership allowance. However, if a district has an approved Prop 28 staffing waiver due to shortages of credentialed arts instructors, vendor-led instruction may be used in place of certificated staffing for the duration of the waiver period.
What if we can’t hire enough arts staff?
Districts may apply to the California Department of Education (CDE) for a Prop 28 staffing waiver when recruitment efforts have not filled required positions. An approved waiver allows the district to partner with qualified vendors to ensure students still receive arts instruction without interrupting program delivery.
Can vendors run after-school or community programs?
Absolutely. These are considered arts education partnership programs under the 20% allowance.
After-school and ELOP sessions offer greater flexibility, vendor instructors can lead classes independently as long as attendance and reporting requirements are met.
Are vendor expenditures audited?
Yes. All LEAs must maintain detailed documentation including vendor contracts, attendance records, and proof of compliance; to ensure funds are properly categorized and verifiable during annual audits.
How After School Music Academy Helps Districts
ASMA partners with California districts to make Prop 28 implementation effortless:
- Turnkey music programs aligned with state standards & SEL
- Credentialed instructors + trained teaching artists
- Attendance + reporting support for audit readiness
- Waiver guidance + compliance templates
We meet districts where they are — helping schools use Prop 28 funds effectively, equitably, and creatively.