Assembly Bill 2440
Assembly Bill 2440 (Muratsuchi) (AB 2440) seeks to clarify several areas of the Arts and Music in Schools Funding Guarantee and Accountability Act (Proposition 28) by putting additional guidance directly into statute, including supplement-not-supplant, pooled funding, allowable uses, and annual reporting. The bill states that these provisions further the purposes of the voter-approved Arts and Music in Schools Act.
Core Requirements Remain
- AB 2440 does not change Prop 28’s core funding structure.
- The annual funding continues to equal 1% of Proposition 98, and the schoolsite allocation formula remains 70% based on enrollment and 30% based on enrollment of economically disadvantaged pupils.
- Proposition 28 funds continue to be allocated to individual schoolsites using the voter-approvedformula. AB 2440 does not authorize districts to transfer those funds away from theschools that generated them.
- For LEAs with 500 or more pupils, the requirement that at least 80% of funds be used to employ certificated or classified employees to provide arts education program instruction also remains unchanged
Supplement-Not-Supplant
Pooled Funding
Define "Arts Education Programs"
Annual Reporting
Supplement-Not-Supplant
Currently, the Guide for Annual Audits of K-12 Local Education Agencies and State Compliance Reporting outlines how auditors determine compliance with Prop 28’s supplement-not-supplant
requirement. AB 2440 would incorporate that process into statute, putting the calculation directly into the law.
The calculation accounts for resources that are no longer available, including funding that has
expired, been reduced, discontinued, exhausted, or was one-time in nature. Examples identified
in the bill include private contributions, parent fundraising, and federal or state funding that is no
longer available.
Pooled Funding
Current CDE guidance (FAQ #21) allows schools to share teachers, teacher aides, and community arts partners across schoolsites, as long as one schoolsite’s allocation is not used to pay for another schoolsite’s arts education program. This allows, for example, a single arts teacher to serve multiple schools while each school pays its respective share.
AB 2440 would explicitly authorize the pooling of Prop 28 funds in statute. As a condition of pooling, LEAs would still need to ensure that expenditures for each schoolsite are proportional to that site’s allocation, comply with all Prop 28 requirements, and align with each schoolsite’s expenditure plan.
Define "Arts Education Program"
AB 2440 would clarify the definition of an arts education program by explicitly including
curriculum, instructional materials, and professional development alongside instruction and
training, supplies, materials, and arts education partnership programs. The bill would also
specify that programs be consistent, as applicable, with the California Arts Standards for Public
Schools, California Arts Education Framework, or California Preschool/Transitional Kindergarten
Learning Foundations.
Annual Reporting
Prop 28 currently requires LEAs to submit an annual board or body-approved report detailing
programs funded, staffing, students served, and the number of schoolsites providing arts
education programs with Prop 28 funds.
AB 2440 would also call for each schoolsite’s expenditure plan to be published. Additionally, it
would require CDE to publish approved waivers.
AB 2440 remains pending legislation. These provisions would take effect only if the bill is
enacted. LEAs should continue to follow current Proposition 28 statute, CDE guidance, and
audit requirements.
For additional information and resources on Proposition 28 implementation, please visit our
AMS Information Page. We will continue to share updates and implementation information as it becomes available.
