After School Music Academy (ASMA) is a leading California arts and music education provider supporting school districts as they navigate Proposition 28 (Arts and Music in Schools Funding Guarantee). With the introduction of Prop 28, schools now have access to dedicated, ongoing funding for arts and music education—but understanding the 80/20 spending rule and the Prop 28 waiver process is essential to using these funds effectively.
This guide explains how the Prop 28 waiver works, what it allows schools to do, and how districts can maximize arts programming while remaining compliant
What Is Proposition 28?
Proposition 28, approved by California voters in November 2022, guarantees annual funding for arts and music education in PK–12 public schools, including public charter schools and eligible preschool and transitional kindergarten programs.
Prop 28 funding is intended to:
Expand student access to arts and music education
Address long-standing inequities in arts programming
Provide stable, ongoing funding for school-based arts instruction
Understanding the Prop 28 80/20 Spending Requirement
Under Prop 28, most local educational agencies (LEAs) must follow the 80/20 rule, which governs how funds are spent:
Required Allocation of Prop 28 Funds
At least 80% must be used for certificated or classified employees providing arts education instruction
Up to 20% may be used for professional learning, supplies, materials, equipment, and arts education partnerships
For larger LEAs (500+ pupils), the 80% requirement is strictly enforced unless a waiver is granted.
What Is the Prop 28 Waiver?
The Prop 28 waiver allows qualifying school districts to temporarily adjust the 80/20 staffing requirement when meeting it is not feasible due to staffing shortages, recruitment challenges, or program implementation barriers.
A waiver can enable districts to:
Partner with qualified arts education vendors
Expand arts programming without immediate full-time hiring
Implement programs while building long-term staffing capacity
Waivers are reviewed annually and must demonstrate good-faith efforts to meet Prop 28’s intent.
Allowable Uses of Prop 28 Funds (With or Without a Waiver)
Prop 28 funds may be used for:
Arts and music instruction during the school day or after school
Professional learning and training for arts educators
Instruments, equipment, and instructional materials
Curriculum development and program expansion
Arts education partnership programs
Field trips and enrichment activities related to the arts
Unused funds may be rolled over for up to three years, allowing districts to plan strategically.
How the Prop 28 Waiver Supports Expanded Arts Programming
The Prop 28 waiver process presents schools with a unique opportunity to scale arts and music programs responsibly. When staffing limitations exist, waivers allow schools to continue serving students while maintaining compliance.
By leveraging waivers appropriately, schools can:
Expand access to arts education more quickly
Pilot new music and movement programs
Serve a broader range of students and grade levels
Maintain program continuity during staffing transitions
Maximizing Prop 28 Resources for Student Success
Investing in arts and music education has proven benefits for students, including:
Improved academic engagement
Enhanced social-emotional learning (SEL) outcomes
Increased creativity, confidence, and collaboration
Greater equity in educational access
Through thoughtful planning and compliance, Prop 28 funding can support well-rounded, student-centered learning environments that extend beyond traditional academics.
Partnering With Experienced Arts Education Providers
Navigating Prop 28 funding and waiver requirements can be complex. Partnering with experienced providers helps districts:
Interpret compliance requirements accurately
Implement programs efficiently
Align staffing, scheduling, and reporting needs
Maximize the impact of Prop 28 investments
After School Music Academy works alongside districts to support compliant, flexible, and engaging arts programming aligned with both Prop 28 and ELOP goals.
Frequently Asked Questions About the Prop 28 Waiver
What is the purpose of the Prop 28 waiver?
The waiver allows districts to temporarily adjust the 80% staffing requirement when qualified arts educators are not immediately available.
Who can apply for a Prop 28 waiver?
Local educational agencies (LEAs), including school districts and charter organizations, that can demonstrate staffing challenges or implementation barriers.
Does a waiver eliminate the need for Qualified Staff?
No. Waivers are temporary and require districts to continue working toward meeting staffing requirements.
Can Prop 28 funds be used for vendor partnerships?
Yes. When allowable—especially under a waiver—funds may support arts education partnership programs with qualified providers.
Can unused Prop 28 funds roll over?
Yes. Funds may roll over for up to three fiscal years.
How does Prop 28 funding support after-school programs?
Prop 28 funds may support arts instruction delivered during or after the school day, including enrichment programs aligned with district goals.
Learn More About Using Prop 28 Funding Effectively
Understanding the Prop 28 waiver and funding guidelines empowers educators and administrators to build sustainable, impactful arts programs. After School Music Academy is committed to helping schools expand access to high-quality arts education while navigating funding requirements with confidence.
Contact us today or visit our Prop 28 FAQ page to explore how these funds can support your school’s arts and music programs.