Prop 28 Waiver Information
A clear, plain-language guide to when a Prop 28 staffing waiver may apply and what your district needs in place before requesting one.
Do you actually need a waiver?
Only if your district can’t meet the 80% staffing requirement on Prop 28 funds. If you’re on track to hire enough certificated or classified arts staff, you likely don’t need one, this page walks through both cases.
What Is the Prop 28 Waiver?
Under California Education Code § 8820(g)(1), districts with 500+ students must spend at least 80% of expended Prop 28 funds employing certificated or classified staff to provide arts instruction. The remaining 20% can go toward training, supplies, and outside arts partnerships.
The waiver is permission from the California Department of Education to temporarily spend outside that 80/20 split most commonly used when a district can’t fill enough arts staffing positions despite good-faith recruiting.
When a Waiver May Apply
Active recruiting, unfilled roles
Get better access to arts and music programs.
Staffing gap period
New hires are onboarding or completing credential requirements, leaving a temporary shortfall.
Bridging with outside partners
You want to keep programs running with experienced vendors or teaching artists while you build internal staff capacity.
What Schools Should Know Before Requesting One
The waiver process is straightforward, but a few details trip districts up. Here’s what to have ready:
1. Submit through the CDE AMS Portal
Waiver requests are submitted by the LEA (not individual sites) via the Arts & Music in Schools Portal, with superintendent-level access.
2. Document good-faith recruitment
CDE grants waivers “for good cause.” Have records of job postings, interviews, and hiring timelines ready to support the request.
3. Know it’s evaluated annually
A waiver applies to a specific allocation year your district re-evaluates and re-applies each year it’s needed, not once for the full spend window.
4. Keep the admin cap and supplement rules in place
A waiver adjusts the 80/20 staffing split only. The 1% admin cap and the “supplement, not supplant” rule still apply regardless.
Waiver FAQ
Who submits the waiver request — the school or the district?
The LEA (district, charter, or county office), not the individual school site. It’s submitted through the CDE’s AMS Portal by someone with superintendent-level access.
Does a waiver give us more time to spend Prop 28 funds?
No. The waiver only affects the 80/20 staffing split. Each annual allocation must still be spent within its three-year window, or unspent funds revert to the CDE.
Can we use a waiver every year?
Yes, if the need persists — but it isn’t automatic. Districts re-apply and provide updated good-cause documentation for each allocation year.
What counts as "good cause"?
Typically, evidence of active, good-faith recruitment for arts staff that hasn’t fully succeeded — job postings, interview records, and hiring timelines are the kind of documentation CDE looks for.
Meet After School Music Academy’s Founder
In 2015, David created After School Music Academy after witnessing a need for more music education in the after-school enrichment space. By serving California’s schools through this shortage, David uniquely understands the challenges school districts face to onboard quality music and arts enrichment programs. In the last decade, ASMA has grown to serve thousands of students each week.