AB 2440 �Distilled

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AB 2440

1. AB 2440 does not change Prop 28’s core funding structure.
2. The annual funding continues to equal 1% of Proposition 98, and the school site allocation formula remains 70% based on enrollment and 30% based on enrollment of economically disadvantaged pupils.
3. Proposition 28 funds continue to be allocated to individual schoolsites using the voter-approved formula. AB 2440 does not authorize districts to transfer those funds away from the schools that generated them.
4. 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.
5. There was no opposition to the passage of AB 2440.

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Alignment & Definition

Aligns Prop 28-funded programs with the…

• California’s Arts Standards
• Arts Education Framework
• CA Preschool/Transitional Kindergarten Learning Foundations

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Makes school-site spending plans public, including information about how each school plans to use its Prop 28 allocation and any approved waivers.

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1

Transparency

Clarifies the definition of an arts education program by including instructional materials, professional development alongside instruction and training, supplies, materials, and arts education partnership programs.

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2

Increases transparency around actual spending by requiring annual Prop 28 expenditure reports to be submitted and publicly posted.

Supplement vs Supplant

Adds language and a calculation to account for resources that are no longer available, including funding that has expired, been reduced, discontinued, exhausted, or was one-time in nature.

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3

i.e., private contributions, parent fundraising, and federal or state funding that is no longer available.

Pooling Funds Clarified

Protects each school’s share of Prop 28 funding when funds are pooled across multiple schools.

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4

Expenditures for each school site need to be proportional to that site’s allocation, comply with all Prop 28 requirements, and align with each school site’s expenditure plan.

Determining Supplement

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Prior-Year

Arts Spending

Prop 28 Funds

Funds No Longer Available

New Resources

Prior Year Baseline

Prior Year Baseline Calculation

Current Year Baseline Calculation

Current Year Spending

Prop 28 Funds

Current Year Spend

Current ≥ Prior

Compliance!

Resources

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https://cacountyarts.org/proposition-28-ab2440/

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https://createca.org/create-ca-statement-on-ab-2440/

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https://calmatters.digitaldemocracy.org/bills/ca_202520260ab2440

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