Arts and Music in Schools
In 2023 California voters overwhelmingly approved Proposition 28 which created a steady funding source meant to expand arts and music instruction in California schools. These funds, now called AMS Funds, are now available to local education agencies.
We understand that there are questions and concerns from many music educators about the details of how AMS funds are to be accessed and utilized. Since AMS is law, the single best resource for information about AMS funds is the law itself. The second best resource are the pages provided by the California Department of Education about AMS Funds including a very helpful list of Frequently Asked Questions.
Since CMEA cannot give legal advice, we recommend that our members consult their district legal departments regarding any questions about AMS Funds. But we do want to provide our members with resources and relevant information from which you can advocate at a local level.
Click on questions below to find information from the law, CDE FAQs, and anecdotes from across the state, that may help you have positive conversations with your local LEAs and Communities. Remember, at it’s heart, the best advocacy is in positive relationships built over time.
Is prop 28 a grant? Will it go away?
What the law says:
8820 (b) (1) Commencing with the first fiscal year following enactment of this act, and for each fiscal year thereafter, there shall be continuously appropriated without regard to fiscal years from the General Fund to the department for the purposes of this chapter, an amount which is equal to 1 percent of the total state and local revenues received by local educational agencies in the preceding fiscal year that are included in the calculation of the minimum funding guarantee established by Sections 8 and 8.5 of Article XVI of the California Constitution, excluding the appropriation made pursuant to this chapter.
AND
(j) The Legislature may reduce the annual appropriation required by this chapter if the Legislature suspends the operation of Proposition 98 by the enactment of an urgency statute pursuant to subdivision (h) of Section 8 of Article XVI of the California Constitution. The percent of the reduction in the annual appropriation required by this chapter shall not exceed the percent of reduction in funding provided to K–12 schools and community colleges for the fiscal year below the funding level of minimum guarantee that would have been provided pursuant to Section 8 of Article XVI of the California Constitution if the suspension of the operation of Proposition 98 had not occurred.
AND
8822 (c) Except as provided in subdivision (j) of Section 8820, the Legislature may amend this chapter to further its purposes by a bill passed in each house by rollcall vote entered into the journal, two-thirds of the membership of each house concurring.
This is further clarified by the FAQ 6 which says:
LEAs do not need to apply for AMS funds. Funding will be automatically allocated by the California Department of Education (CDE) to each transitional kindergarten through grade twelve (TK–12) LEA using the methodology outlined in subdivision (c) of California Education Code (EC) Section 8820
, which is based on the share of statewide total enrollment and the share of enrollment of economically disadvantaged pupils, as defined in EC Section 8821, at each eligible school site of the TK–12 LEA.
Funding will be calculated at the school site level and allocated to the LEA, which is required to allocate funds to eligible school sites in the amounts calculated by the CDE (EC Section 8820[d]).
Can AMS funds be used to pay for CASMEC or other Professional Development?
According to the FAQ:
All funds must be used to provide expanded arts education programs, as described in FAQ 11. California Education Code (EC) Section 8820(g)(1) requires that local educational agencies (LEAs) with an enrollment of 500 or more pupils ensure that at least 80 percent of expended funds will be used to employ certificated or classified employees to provide arts education program instruction. Up to 20 percent of the expended Arts and Music in Schools (AMS) funds may be used for “training, supplies and materials, and arts educational partnership programs,” which includes outside contractors.
From around the state:
CMEA leadership has reached out to the CDE and confirmed that Professional Development like CASMEC could be considered “training.” Mike Stone, the VAPA Coordinator for Bakersfield City School District says, “I would say yes. PD is part of the allowances.” But remember that this only applies to the 20% of the funds that can be used for training, supplies, and materials.
Can AMS funds be used for instrument repairs? (Some LEAs are saying only new equipment)
FAQ 14 says you can’t pay a contracted service out of the 80%, but if it’s not a contracted service then you could.
Funds can only be pooled within district…what about small, single school districts? How can they best use funds?
From the Law: Ed Code 8820(g) All LEAs, including charter schools, with total enrollment of fewer than 500 pupils are only exempt from the requirement that at least 80 percent of funds to be expended will be used to employ certificated or classified employees to provide arts education program instruction. See FAQ 9 for details about what enrollment is used to make this determination.
Where does STEAM fit into this?
The types of classes that can access these funds are written into the law. Any STEAM program using AMS funds would be expected to fit within these indicated kinds of courses.
8821. For purposes of this chapter, the following definitions apply:
(a) “Arts education program” includes, but is not limited to, instruction and training, supplies, materials, and arts educational partnership programs, for instruction in: dance, media arts, music, theatre, and visual arts, including folk art, painting, sculpture, photography, and craft arts, creative expressions, including graphic arts and design, computer coding, animation, music composition and ensembles, and script writing, costume design, film, and video.
FAQ 11 and 12 also provide guidance about how courses funded by AMS would need to meet the state standards for the Visual and Performing Arts or at the secondary level Arts Media and Entertainment standards,
How do we apply for a waiver and what does the waiver do?
A waiver may be requested through a written request by an LEA through the CDE AMS Web Portal
The law states that “(h) The department may, for good cause shown, provide a waiver from the requirement pursuant to paragraph (1) of subdivision (g) upon written request from the local educational agency.”
The waiver only allows a LEA, for a single year’s allotment, to use their funds in a manner that does not fulfill the 80/19/1 % restrictions. LEAs may apply in multiple years, but the CDE will determine in any given year, whether or not to accept the waiver. We have heard reports of some districts receiving the waiver after having been denied by working with the CDE to refine their waiver request and reapplying.
See also FAQs 34 35 36. which look at additional details of the waiver process.
Resources about AMS funds from the California Department of Education
Resources about AMS funds from outside organizations
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