The three-year expenditure period for 2023–24 AMS funds expires on June 30, 2026. LEAs are encouraged to expend AMS funds for allowable purposes prior to the closing of the expenditure window on June 30, 2026. Unexpended funds will be reported to the CDE and returned.

It's Time to Submit the Waiver: Waiver Overview

NOW is the time to submit a waiver for the 2023-2024 allocation if you need to do so. Here are some reasons you might want to consider a waiver:

• Difficulty in hiring
• Need to invest in infrastructure/start-up costs
• Existing high staffing levels
• Operational flexibility
• Insufficient funds for an FTE position

If an LEA needs a waiver, they must submit a waiver request during the three-year expenditure period. The waiver applies to the 80/20 percent only. It doesn’t provide an extension to the expenditure period. Here are a few key points:

• A waiver is required if the LEA wants to spend outside the required allocations.
• The waiver request can be submitted anytime during the three-year period.
• The waiver is submitted by the LEAs, not the sites.
• Waivers are commonly used when the 80% staffing cannot be met by an LEA.

There are five parts of a waiver:

1. Request Type & Allocation Year: LEAs specify which portion of EC Section 8820(g)(1) they want to waive and for which allocation year.
2. Budgetary Proposal: LEAs provide an estimate of how the funds will be spent compared to the statute's mandate of 80 percent on staffing.
3. Problem Statement: LEAs write a clear explanation of why a waiver is needed, inclusive of a justification and prior efforts made to meet AMS statute requirements.
4. Narrative Proposal: LEAs outline a plan detailing how AMS funds will be spent should a waiver be granted. The proposal should clearly address the problem statement.
5. Desired Outcome: LEAs provide a measurable outcome of how a waiver will allow AMS funds to supplement arts programming.

Submitting a Waiver:

• LEAs submit the waiver at the AMS Portal: www8.cde.ca.gov/ams
• Here is a Template of the Waiver Request you can use to write your waiver request.
• The waiver should be approved before an audit of final expenditure is completed.
• For more information, visit www.cde.ca.gov/eo/in/prop28artsandmusicedfunding.asp

Reporting Requirement

There are four reporting requirements for Prop 28/AMS funds.

• School Site Expenditure Plan: Each school site is required to create an expenditure plan, which is not required to be posted on the LEA website, be board approved, or submitted to the CDE. School site expenditure plans are developed with local stakeholders and support transparency. The school site should review and update this plan annually.
  

• Annual Report: Each LEA should have submitted two annual reports already through the AMS Portal. This is a public facing document that must be board approved and posted on the LEA’s website. Template Available.
  

• Annual Certification: All funds will be used to supplement arts education programs. This certification must be kept for auditing purposes and is not required to be on the LEA webpage nor submit to the CDE. The Annual Certification takes place through the audit procedures.
  

• Final Expenditure Report: This is the first year this report is required. It is due by October 1, 2026. The report facilitates the return of unspent funds to the CDE. The Final Expenditure report is not required to be posted on the LEA website or board approved. Template available.
  

Visit www.cde.ca.gov/eo/in/prop28artsandmusicedfunding.asp for more information. 

Please note, the CDE does not approve or deny individual LEA requests for allowable expenditures. All expenditures should be consistent with statute. Additional guidance for LEAs to substantiate compliance with this requirement (e.g., example worksheets, etc.) is available on the Proposition 28: Arts and Music in Schools web page.

Funding Resources

View the funding resources page for information on funding for the arts including Prop 28, AMIM - the instructional materials block grant, Title I, and more.

What is "arts in education?"

California Ed Code specifically lists which disciplines fall under the "arts". Take a moment to review which specific art disciplines you can support with additional art educational funding.