What Types of Vendors Qualify for Prop 28 Funding?

School districts can use Prop 28 funds for certain vendors, but the vendor must directly support arts or music education and fit within the program’s allowable spending categories.

For many districts, this creates an important question:

What types of vendors actually qualify for Prop 28 funding?

In general, Prop 28 funds may be used for vendors that help expand access to arts and music education. This can include music education providers, arts education partnership programs, curriculum or training partners, professional development providers, and suppliers of arts-related materials or equipment.

However, districts also need to understand how Prop 28 spending rules apply, especially when working with outside contractors, nonprofit partners, after-school program providers, or music education vendors.

This is especially important for districts that may need to request a waiver from the standard 80% staffing requirement. A waiver can create more flexibility for districts that are struggling to hire enough qualified arts education staff and need vendor or partnership support to keep programs moving.

Can Prop 28 Funds Be Used for Vendors?

Yes, Prop 28 funds may be used for vendors in certain situations.

The key is that the vendor must directly support arts or music education. Prop 28, also known as the Arts and Music in Schools Funding Guarantee and Accountability Act, was created to expand arts education access for students in California public schools.

That means vendor services should connect clearly to arts instruction, music education, student learning, program implementation, or arts-related materials and supplies.

For local educational agencies with 500 or more students, at least 80% of expended Prop 28 funds must generally be used to employ qualified instructors who provide arts education instruction. The remaining funds may be used for training, supplies and materials, arts educational partnership programs, and limited administrative costs.

Outside contractors and vendors are not considered LEA employees, so they typically fall under the portion of funds available for training, supplies, materials, arts educational partnership programs, and limited administrative costs.

However, the California Department of Education may provide a waiver from the 80% staffing requirement for good cause shown. If a waiver is approved, a district may have more flexibility to use Prop 28 funds beyond the standard 80/20 structure. This can make vendor support more realistic for districts that cannot hire enough qualified arts education staff within the required timeline.

Because every school district is responsible for its own compliance, districts should review vendor services, waiver eligibility, and spending plans with their internal business, educational services, and compliance teams before allocating Prop 28 funds.

What Types of Vendors May Qualify for Prop 28 Funding?

Vendors may qualify for Prop 28 funding when their services or products directly support arts or music education. Below are several common types of vendors that may fit within Prop 28-related spending categories.

1. Music Education Program Providers

Music education vendors may qualify when they provide direct support for student music instruction or program expansion.

This can include providers that offer:

General music instruction
Instrumental music programs
Choir or vocal music programs
Percussion instruction
Marching band support
Ensemble coaching
After-school music programs
Student performance preparation
Music enrichment programs

For example, a district may work with a music education partner to expand access to instrumental music for elementary students, provide after-school music programming, or support performance-based learning experiences.

The most important factor is that the vendor’s work must directly support arts or music education for students.

2. Arts Education Partnership Organizations

Arts education partnership organizations may also qualify when they help schools provide or expand arts learning opportunities.

These can include:

Community arts organizations
Nonprofit arts partners
Music education companies
Theater education providers
Dance education organizations
Visual arts education partners
Multidisciplinary arts programs
After-school arts or music education providers

These vendors are often used when districts need additional capacity, specialized instruction, or structured arts programming that supports student learning.

For Prop 28 purposes, districts should be able to show how the partnership expands or strengthens arts education access.

3. Professional Development and Training Vendors

Prop 28 funds may also support training and professional development related to arts education.

This can include vendors that provide training for:

Qualified instructors
Expanded learning staff
Music instructors
Arts program coordinators
District or site-level arts education teams

Training may focus on music instruction, arts curriculum implementation, classroom management for arts programs, performance preparation, or strategies for integrating arts learning into school programming.

Professional development vendors are most relevant when their services help staff deliver or support arts education more effectively.

4. Curriculum and Instructional Materials Vendors

Curriculum vendors may qualify when they provide materials directly connected to arts or music instruction.

Examples include:

Music curriculum
Sheet music
Lesson plans
Arts education workbooks
Digital arts curriculum
Music theory resources
Instructional videos or platforms
Assessment tools for arts learning
Performance preparation materials

The curriculum should clearly support student learning in the arts. Districts should avoid using Prop 28 funds for materials that are unrelated to arts education or do not align with the district’s approved Prop 28 plan.

5. Instrument, Equipment, and Supply Vendors

Prop 28 funds may be used for supplies and materials connected to arts and music education.

This may include vendors that provide:

Musical instruments
Percussion equipment
Music stands
Sheet music
Instrument storage
Classroom music supplies
Art supplies
Performance equipment
Audio or recording equipment used for instruction
Repairs or maintenance for music equipment, when allowable

For music programs, this category can be especially important because many schools need instruments, supplies, and equipment before students can fully participate.

The expense should be directly tied to arts education access, instruction, or program delivery.

6. Program Support Vendors

Some vendors may qualify when they support the implementation of an arts or music education program.

This could include support for:

Student performances
Music showcases
Arts education events
Program coordination
Instructional scheduling
Performance logistics
Student learning experiences connected to the arts

However, districts should be careful with this category. The vendor’s role should still connect directly to arts education. General event services or entertainment that do not have an instructional purpose may not be appropriate uses of Prop 28 funds.

What Vendors Usually Do Not Qualify for Prop 28 Funding?

Not every vendor can be paid with Prop 28 funds. The vendor must have a clear connection to arts or music education.

Vendors that usually do not qualify may include:

Vendors unrelated to arts or music education
General entertainment vendors without an instructional purpose
Services that do not expand or support student arts learning
Vendors used mainly for unrelated administrative work
Programs that replace existing arts spending instead of expanding it
Services that do not align with the LEA’s approved Prop 28 expenditure plan

Prop 28 funds are intended to supplement arts education, not replace existing arts education spending. Districts should be able to document how the spending increases or strengthens access to arts instruction.

Are Outside Contractors Considered Staff Under Prop 28?

No. Outside contractors and vendors are not considered employees of the local educational agency.

This distinction matters because Prop 28 includes specific spending rules for LEAs with 500 or more students. In those cases, at least 80% of expended funds must generally be used to employ qualified instructors who provide arts education instruction.

Outside vendors typically fall under other allowable spending areas, such as arts educational partnership programs, training, supplies, materials, or limited administrative costs.

This does not mean districts cannot work with vendors. It means districts need to categorize vendor expenses correctly and make sure spending aligns with Prop 28 requirements.

Can a Prop 28 Waiver Allow Districts to Use More Vendors?

Yes, a Prop 28 waiver may allow districts to use more vendor support if they cannot meet the standard 80% staffing requirement.

Under Prop 28, LEAs with 500 or more students must generally use at least 80% of expended funds to employ qualified instructors who provide arts education instruction. The remaining funds may be used for training, supplies and materials, arts educational partnership programs, and administrative costs.

The waiver process matters because many districts want to expand arts and music programs but may not be able to hire enough qualified arts education staff within the required timeline.

The California Department of Education may provide a waiver from the 80% staffing requirement for good cause shown. If the waiver is approved, a district may have more flexibility to use Prop 28 funds beyond the standard 80/20 allocation.

That flexibility can create more room for qualified vendors, including:

Music education program providers
Arts education partnership organizations
After-school music providers
Curriculum vendors
Training and professional development providers
Instrument and materials suppliers
Program implementation partners

A waiver does not mean every vendor automatically qualifies. The vendor still needs to directly support arts or music education, and the district still needs to show that the spending expands or strengthens student access to arts instruction.

When Might a District Need a Prop 28 Waiver?

A district may consider a Prop 28 waiver when it cannot reasonably meet the 80% staffing requirement during the required expenditure period.

Common reasons may include:

Difficulty hiring qualified arts education staff
Too few qualified applicants
Open positions that remain unfilled
Insufficient funds to support a full-time arts position
Existing staffing limitations
Staff turnover or vacancies
A need for start-up costs, instruments, curriculum, or infrastructure
A need for vendor support to launch or expand arts programming
A need for flexibility to serve students while staffing is being built

For example, a district may want to expand music education quickly but may not be able to hire enough qualified instructors. In that case, a waiver may allow the district to use more Prop 28 funds for an arts education partner or music vendor that can help deliver programming, support instruction, provide materials, or build program capacity.

For districts that are struggling to hire, the waiver process can be the bridge between having Prop 28 funds available and actually getting arts education programs in front of students.

How the Waiver Process Changes the Vendor Conversation

Without a waiver, outside contractors and vendors generally fall under the portion of Prop 28 funds available for training, supplies, materials, arts educational partnership programs, and limited administrative costs.

With an approved waiver, a district may have more flexibility to use Prop 28 funds beyond the standard 80/20 structure.

That matters because many districts do not have the staffing pipeline needed to immediately meet the 80% requirement. In those cases, vendor partnerships may help districts avoid delayed programming, unused funds, or limited student access.

A waiver can help districts move from this question:

“Can we only use a small portion of Prop 28 for vendor support?”

To this better question:

“What combination of staff, vendors, materials, and arts education partners will best expand access for students while staying compliant?”

That is why districts should not think of vendors as a last resort. In some cases, qualified vendors can help districts launch programs faster, serve more students, and build sustainable arts education pathways.

What Should Districts Document for a Prop 28 Waiver?

Districts should be prepared to show why they need flexibility from the standard 80/20 spending requirement.

Helpful documentation may include:

Job postings for arts education positions
How long positions were posted
Number of applicants received
Number of qualified applicants
Interviews conducted
Offers made
Positions filled
Positions that remained vacant
Staff departures or reasons positions could not be filled
Budget limitations
Program needs that cannot be met through staffing alone
How vendor support would expand student access to arts education

The stronger the documentation, the easier it is to explain why vendor support may be necessary to meet student needs.

Districts should also document how the vendor’s services directly support arts education, how students will benefit, and how the spending aligns with the district’s Prop 28 expenditure plan.

Important Limits of a Prop 28 Waiver

A Prop 28 waiver does not make every vendor allowable.

Even with a waiver, districts should still make sure:

The vendor directly supports arts or music education
The spending supplements, not replaces, existing arts education funding
The vendor aligns with the district’s Prop 28 expenditure plan
The district maintains documentation for audit purposes
The spending supports student access, instruction, materials, or program implementation
Administrative costs remain within applicable limits unless separately addressed

The safest approach is to treat the waiver as flexibility, not a free-for-all.

A waiver can make room for more vendor involvement, but the purpose of the funds remains the same: expanding arts and music education for students.

Can Prop 28 Funds Be Used for After-School Music Programs?

Prop 28 funds may potentially be used for after-school music programs when the program directly supports arts or music education and expands student access to instruction.

For example, an after-school music program may be appropriate when it provides students with structured music instruction, ensemble participation, performance preparation, or access to instruments and music learning opportunities.

Districts should make sure the program aligns with their Prop 28 plan and does not simply replace existing arts education spending.

After-school music programs can be especially valuable for districts that want to expand arts access beyond the regular school day, support elementary music instruction, or create performance-based learning opportunities for students.

For districts that cannot hire enough arts staff, a waiver may make after-school music vendors or arts education partners more feasible as part of a broader Prop 28 implementation strategy.

How School Districts Should Evaluate a Prop 28 Vendor

Before hiring a vendor with Prop 28 funds, districts should ask a few important questions.

1. Does the vendor directly support arts or music education?

The vendor’s service should clearly connect to arts instruction, music learning, student participation, or arts program implementation.

2. Does the vendor help expand student access to arts education?

Prop 28 is intended to increase access to arts and music education. Districts should consider whether the vendor helps more students participate in arts learning.

3. Does the vendor align with the district’s approved Prop 28 plan?

Vendor services should match the goals, programs, and spending categories outlined in the district’s Prop 28 plan.

4. How will the expense be categorized?

Districts should determine whether the vendor cost falls under arts educational partnership programs, training, supplies, materials, administrative costs, or another allowable category.

If the district has an approved waiver, it should also document how the waiver affects the spending category and why vendor support is necessary.

5. Can the vendor provide documentation?

A strong vendor should be able to provide clear documentation, including program descriptions, schedules, invoices, service details, student participation information, and outcomes when applicable.

6. Does the service supplement rather than replace existing arts spending?

Districts should avoid using Prop 28 funds to replace existing arts education funding. The goal should be to expand, enhance, or strengthen arts access for students.

7. Is a waiver needed?

If the district cannot meet the 80% staffing requirement, it should determine whether a Prop 28 waiver is needed before relying more heavily on vendor support.

How After School Music Academy Supports Prop 28 Programs

After School Music Academy works with school districts to help expand student access to music education through structured, performance-based programming.

For districts evaluating Prop 28 options, ASMA can support music instruction, student performance opportunities, program planning, and implementation models that align with district goals.

ASMA’s programs are designed to help schools bring meaningful music education experiences to students, including after-school music programs, ensemble-based learning, and performance opportunities that build confidence, focus, teamwork, and creativity.

This can be especially helpful for districts that want to expand music education but are facing hiring challenges, limited internal capacity, or a need for structured program support.

Because every LEA is responsible for its own Prop 28 compliance, districts should review vendor services, waiver options, and spending categories with their internal business, educational services, and compliance teams before allocating funds.

The key question is whether the vendor directly supports expanded arts or music education for students.

Final Answer: What Types of Vendors Qualify for Prop 28 Funding?

Vendors may qualify for Prop 28 funding when they directly support arts or music education.

This may include:

Music education providers
Arts education partnership organizations
Professional development providers
Curriculum vendors
Instrument and materials suppliers
Program support partners
After-school music program providers

For districts with 500 or more students, outside vendors generally fall under the portion of Prop 28 funds available for training, supplies, materials, arts educational partnership programs, and limited administrative costs. They are not considered part of the 80% staffing requirement for qualified instructors.

However, if a district cannot meet the 80% staffing requirement, it may be able to request a waiver from the California Department of Education for good cause shown. If approved, the waiver may give the district more flexibility to use Prop 28 funds beyond the standard 80/20 structure, including greater use of qualified arts education vendors or partnership programs.

The safest way to evaluate a Prop 28 vendor is to ask whether the vendor directly expands arts or music education access for students, whether the expense aligns with the district’s approved Prop 28 plan, whether a waiver is needed, and whether the district has the documentation needed to support the spending decision.

Frequently Asked Questions

Can Prop 28 funds be used to hire music vendors?

Yes. Prop 28 funds may be used for music vendors when the vendor directly supports arts or music education and fits within allowable spending categories such as arts educational partnership programs, training, supplies, or materials.

If a district cannot meet the 80% staffing requirement, it may also consider whether a Prop 28 waiver is needed to allow more flexibility for vendor support.

Are Prop 28 vendors considered employees?

No. Contractors and vendors are not considered employees of the local educational agency. For LEAs with 500 or more students, the staffing requirement applies to qualified instructors, while vendors generally fall under other allowable spending categories.

What types of vendors may qualify for Prop 28 funding?

Vendors that may qualify include music education providers, arts education partnership organizations, professional development providers, curriculum vendors, instrument and materials suppliers, after-school music providers, and program support partners that directly support arts or music education.

Can Prop 28 funds pay for after-school music programs?

Potentially, yes. An after-school music program may qualify when it expands student access to arts or music education and aligns with the LEA’s approved Prop 28 expenditure plan.

For districts facing hiring challenges, a waiver may create more flexibility to work with after-school music vendors or arts education partners.

Can Prop 28 funds be used for instruments and supplies?

Yes. Prop 28 funds may be used for supplies and materials connected to arts and music education, subject to the LEA’s spending requirements and approved plan.

Can a Prop 28 waiver allow districts to use more vendor support?

Yes. If a district receives an approved waiver from the California Department of Education, it may have more flexibility from the standard 80/20 staffing requirement. This can allow the district to use more Prop 28 funds for qualified arts education vendors, partnership programs, materials, training, or other allowable arts education expenses.

Why would a district request a Prop 28 waiver?

A district may request a Prop 28 waiver if it cannot reasonably meet the 80% staffing requirement. Common reasons may include difficulty hiring arts staff, too few qualified applicants, insufficient funds for a full-time position, start-up program needs, or the need for flexibility to expand arts education access.

Does a Prop 28 waiver remove all spending rules?

No. A Prop 28 waiver does not remove the requirement that funds support expanded arts education. Districts still need to make sure spending supplements, not replaces, existing arts education funding and that vendor services directly support arts or music education.

Should districts document hiring challenges before using vendors with a waiver?

Yes. Districts should keep documentation showing good-faith efforts to meet the staffing requirement, such as job postings, applicant counts, interviews, offers made, positions filled, and positions that remained vacant. This helps explain why vendor support may be needed.

What should districts ask before hiring a Prop 28 vendor?

Districts should ask whether the vendor directly supports arts education, whether the service expands existing programming, how the expense will be categorized, whether a waiver is needed, and what documentation the vendor can provide.

Can Prop 28 funds be used for general entertainment vendors?

Usually, general entertainment vendors are not the best fit unless there is a clear arts education or instructional purpose. Prop 28 funds should support arts instruction, student learning, program implementation, or arts-related materials and supplies.

Can a district use Prop 28 funds for a vendor instead of hiring staff?

Districts with 500 or more students must generally use at least 80% of expended Prop 28 funds to employ qualified instructors who provide arts education instruction. Vendors are not considered LEA employees, so vendor spending usually falls under the remaining allowable categories.

However, if the district cannot meet the staffing requirement, it may be able to request a waiver for good cause shown. An approved waiver may give the district more flexibility to use qualified vendors or arts education partners.