New legislation aims to unlock arts and music funding as districts wait for clearer rules amid the ongoing LAUSD lawsuit.
When California voters overwhelmingly approved Proposition 28 in 2022, they expected more students to gain access to music, theater, dance, visual arts, and media arts programs.
Instead, many school districts have spent the past two years asking the same question:
Can we spend the money without getting sued?
Now state lawmakers are attempting to answer that question.
Assembly Bill 2440 is advancing through the California Legislature to clarify how Proposition 28 money can be used after confusion over state guidance and an ongoing lawsuit against the Los Angeles Unified School District (LAUSD) slowed spending across California.
For parents, students, teachers and arts organizations, the legislation could determine how quickly nearly $1 billion each year reaches classrooms.
Proposition 28, officially known as the Arts and Music in Schools Funding Guarantee and Accountability Act, created a permanent source of funding for arts education in California public schools.
Unlike competitive grants, the money is guaranteed each year based on school enrollment, giving districts a reliable way to expand programs such as:
- Music
- Visual arts
- Dance
- Theater
- Media arts
- Arts education staff
The goal was simple:
Expand opportunities for students rather than replacing existing arts budgets.
That principle—known as “supplement, not supplant”—has become the center of today’s controversy.
Lawmakers are moving forward with Assembly Bill 2440, legislation designed to remove some of the uncertainty that has slowed implementation.
Supporters say many districts have accumulated Proposition 28 funds because they remain unsure whether their spending plans comply with state rules.
The bill would provide several important clarifications.
Clearer Spending Rules
AB 2440 seeks to better define how districts can add arts programs without replacing existing education funding.
District leaders have repeatedly said that the current guidance leaves too much room for interpretation.
More explicit rules could give schools greater confidence to move forward with hiring teachers and launching programs.
Helping Small School Districts
Many rural and smaller districts receive relatively modest Proposition 28 allocations.
Those amounts may not be enough to hire a full-time music or art teacher.
AB 2440 would allow neighboring districts to pool their Proposition 28 funds, making it possible to:
- Hire traveling arts teachers
- Share music instructors
- Create regional theater programs
- Launch districtwide bands and choirs
- Expand arts access for students in smaller communities
Education advocates say this flexibility could help ensure students receive meaningful arts instruction regardless of where they live.
The LAUSD Lawsuit Continues
While lawmakers work on clarifying the rules, a high-profile lawsuit continues to influence school districts across California.
The lawsuit was filed by Austin Beutner, former LAUSD superintendent and one of Proposition 28’s principal architects.
The case alleges that LAUSD improperly used approximately $76.7 million in Proposition 28 funding to pay existing employee salaries instead of expanding arts education as required by the measure.
Rather than increasing services, the lawsuit argues, the district shifted existing costs into Proposition 28 accounts.
LAUSD has disputed the allegations.
Earlier in the case, a judge declined the district’s request to dismiss the lawsuit, allowing the litigation to continue.
Although the court has not yet ruled on the merits of the claims, education leaders say the case has created a statewide “chilling effect.”
Many districts have responded cautiously, delaying expenditures until they have greater legal certainty.
Austin Beutner’s Warning
Parriva has closely followed Proposition 28 since voters approved the measure.
In previous interviews with Parriva, Austin Beutner emphasized that the funding was intended to expand educational opportunities—not replace existing budgets.
He also noted that Proposition 28 dollars are already sitting in school district accounts and should be reaching students through new arts programs.
As Beutner told Parriva, the purpose of Proposition 28 is to create lasting access to arts education for every California student, particularly those who have historically lacked those opportunities.
Parriva’s previous coverage documented growing concerns that implementation challenges—not funding shortages—were preventing students from receiving the benefits voters approved.
The implementation of Proposition 28 carries particular significance for many California Latino families.
Schools serving large Latino student populations have historically experienced unequal access to arts education due to budget constraints and staffing shortages.
When arts programs disappear, students lose opportunities that research has linked to:
- Higher student engagement
- Improved attendance
- Better academic performance
- Stronger creativity and critical thinking
- Social and emotional development
Many California schools with high percentages of English learners and low-income students stand to benefit significantly if Proposition 28 funds are fully implemented.
For families, the issue is not simply about music or art classes.
It is about whether students receive the educational opportunities California voters intended to guarantee.
Several developments will determine how quickly schools begin spending more of their Proposition 28 funding.
State lawmakers continue considering AB 2440, which could provide districts with clearer implementation rules.
Meanwhile, the LAUSD lawsuit remains pending and could establish important legal guidance on how Proposition 28 funds may—and may not—be used.
Education advocates hope that legislative clarification, combined with eventual court decisions, will reduce uncertainty and allow districts to move forward with expanding arts education.
Until then, many schools remain cautious, even as significant funding waits to be invested in classrooms.
What Parents Can Do
Parents interested in arts education can ask their local school district:
- How much Proposition 28 funding has the district received?
- How much has been spent?
- What new arts or music programs are planned?
- Are new teachers being hired with Proposition 28 funds?
- When will students begin seeing expanded opportunities?
School board meetings and annual Proposition 28 reports can also provide information about how districts are using the funding.
California voters approved Proposition 28 to ensure students receive more opportunities in music, theater, dance, visual arts, and other creative disciplines.
But uncertainty over spending rules and the ongoing LAUSD lawsuit has slowed implementation across the state.
Assembly Bill 2440 represents lawmakers’ latest effort to remove those barriers by giving school districts clearer guidance and greater flexibility.
If successful, the measure could help unlock hundreds of millions of dollars already sitting in district accounts and bring arts education to thousands of students who are still waiting for the promise of Proposition 28 to become reality.
