A bill designed to untangle confusion around California’s $1 billion-a-year arts education mandate is now on its way to Gov. Gavin Newsom’s desk, following a last-minute compromise between lawmakers and the man who championed the original ballot measure.
Austin Beutner, the former superintendent of Los Angeles Unified School District who helped write Proposition 28, praised the resolution.
“I’m delighted to come to an agreement that will further arts education for kids in California,” Beutner said.
The legislation, Assembly Bill 2440, is meant to smooth out some of the ambiguities in Prop. 28, the 2022 ballot measure that dedicated roughly $1 billion annually to music, theater, dance and visual arts programs in California’s public schools. Under the law, districts must use the money to add new arts programming rather than simply replace what they already fund. But uncertainty over how to interpret those rules has left many school systems wary — and, in some cases, has led dozens of districts to hand the unused arts money back to the state rather than risk running afoul of the law.
That fear was well-founded for Los Angeles Unified, which Beutner sued last year, alleging the district eliminated existing arts programs and used Prop. 28 dollars to quietly replace them. The district has denied wrongdoing, and the lawsuit remains pending in Los Angeles Superior Court.
Clearing Up the Confusion
Authored by Assemblymember Al Muratsuchi, a Torrance Democrat, AB 2440 attempts to ease districts’ anxiety by bringing Prop. 28 into closer alignment with the state’s broader arts education framework. The bill would establish a clearer, standardized definition of what officially counts as an arts class.
It would also give schools explicit permission to pool their Prop. 28 dollars across sites, allowing them to share arts instructors and other resources more efficiently. Additionally, the bill tackles a longstanding gray area: whether contributions from outside groups such as booster clubs or nonprofit arts organizations should be counted toward a school’s baseline arts spending.
Beutner initially opposed the measure, arguing it would weaken Prop. 28 by giving districts too much freedom in how they allocate the money — freedom he worried some schools would use to quietly replace, rather than expand, their arts offerings. His objection nearly stalled the bill’s progress. But after CalMatters and other news organizations reported on the issue, Beutner and the bill’s backers found common ground.
The revised legislation now includes language requiring that “the local education agency shall certify that all provisions of (Proposition 28) have been implemented at each of its school sites” — a addition that ultimately satisfied Beutner’s concerns.
“More Art” for Students
Beutner dropped his opposition in mid-August once that certification requirement was added.
“My hope is that this causes districts to further reflect on whether they’re in compliance with Prop. 28,” he said. “I’m delighted we were able to collaborate on this.”
The bill went on to pass unanimously.
Kyle Holmes, director of statewide arts initiatives for California County Superintendents — one of the bill’s strongest supporters — said he was pleased to see it advance.
“For kids, this will mean more art,” Holmes said. “That’s the heart of this bill: making sure schools have better access to Prop. 28 funds, giving schools the clarity they need to get funding to students.”
Even with the legislative fix, Prop. 28 still faces significant hurdles — chief among them, a shortage of qualified arts teachers. Many districts have struggled for six months or longer to fill vacant arts positions, unable to find enough credentialed educators to meet demand. A recent study by the Stanford Research Institute estimated California is short roughly 5,000 arts teachers statewide.
“We’re seeing more and more colleges offering credential programs for the arts,” Holmes said. “But more young people need to know that if you’re interested in teaching the arts, there’s a clear pathway to a high-paying career.”
Original source: CalMatters
