California Assembly Bill 2440
Session 20252026
Arts and Music in Schools—Funding Guarantee and Accountability Act: allowable uses: pooled funding: certifications.
Active
Passed Senate on Aug 31, 2026
Origin Chamber
Assembly
Type
Bill
Bill Number
2440
State
California
Session
20252026
Motion Text
AB 2440 Muratsuchi Concurrence in Senate Amendments
Assembly Roll Call Votes
Yes
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Ávila Farías
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Summary
Existing law, the Arts and Music in Schools—Funding Guarantee and Accountability Act, an initiative measure approved by the voters as Proposition 28 at the November 8, 2022, statewide general election, provides a minimum source of annual funding to K–12 public schools, including public charter schools, to supplement arts education programs for pupils attending those schools, as specified. The act defines "arts education program" for these purposes to include, but not be limited to, instruction and training, supplies, materials, and arts educational partnership programs, for instruction in specified topics. The act requires the continuous appropriation for these purposes, without regard to fiscal years, from the General Fund to the State Department of Education, of an amount equal to 1% of the total state and local revenues received by local educational agencies in the preceding fiscal year that are included in the calculation of the minimum funding guarantee established by the California Constitution, as provided.
The act requires funds appropriated pursuant to Proposition 28 to be allocated by the department to each local educational agency, and requires local educational agencies to allocate those funds to each schoolsite, pursuant to specified calculations. The act requires the principal or program director of each schoolsite or preschool to develop an expenditure plan for allocated funds.
This bill would change the definition of "arts education program" to additionally include curriculum, instructional materials, and professional development, and would require all arts education programs to be consistent with the California Arts Standards for Public Schools, the California Arts Education Framework, or the California Preschool/Transitional Kindergarten Learning Foundations, as applicable. The bill would authorize local educational agencies to pool allocated funds and require, as a condition of this pooling, local educational agencies to ensure, among other things, (1) that expenditures for each schoolsite are in proportion to the allocation for each schoolsite and (2) compliance with the expenditure plan adopted by the principal or program director.
The act requires, as a condition of receiving Proposition 28 funds, a local educational agency to, among other things, annually certify that the funds will be used to supplement arts education programs and not supplant existing funding for those programs, and that funds expended in the prior fiscal year were used to supplement arts education programs.
This bill would require this certification to include specified calculations that compare existing funds available for arts education programs, as provided, with current year expenditures for arts education programs. The bill would require, in determining the existing funds available for arts education programs, a local educational agency to (1) subtract from the prior year total expenditures for arts programs expenditures from Proposition 28 funds and from resources that are no longer available in the current year, as provided, and (2) subsequently add newly available resources that are spent on arts education programs, excluding current year Proposition 28 funds. The bill would deem a local educational agency for which current year expenditures for arts education programs equal or exceed the calculations of existing funds available for arts education programs to be in compliance with the requirement to supplement arts education programs.
The act also requires, as a condition of receiving Proposition 28 funds, a local educational agency to submit an annual governing board or body-approved report in a manner determined by the Superintendent of Public Instruction detailing program expenditures and to certify (1) that all funds will be used to provide arts education programs, and that funds expended in the prior fiscal year were, in fact, used for those purposes and (2) , for local educational agencies with an enrollment of 500 or more pupils, that at least 80% of Proposition 28 funds will be used to employ certificated or classified employees to provide arts education program instruction, as provided, and authorizes the department, for good cause shown, to provide a waiver to these requirements.
This bill would instead require the annual governing board or body-approved report to be submitted and posted on or before September 30 in a manner determined by the department. The bill would require each schoolsite or preschool to post on its internet website the above-described expenditure plan and information on granted waivers and would authorize a local educational agency to instead require this information to be posted on the local educational agency's internet website. The bill would, commencing with the 2027–28 fiscal year, require a local educational agency to certify that all provisions of Proposition 28 have been implemented in accordance with the requirements of Proposition 28 at each of its schoolsites. To the extent these provisions impose new duties on schoolsites or local educational agencies, the bill would impose a state-mandated local program. The bill would require the department to post approved waivers on its internet website.
Existing law, on or before May 1 of each fiscal year, requires (1) the governing board of each school district to either provide for an audit of all funds under the control of that school district or make arrangements with the county superintendent of schools having jurisdiction over the school district to provide for that auditing, (2) the governing body of each charter school to either provide for an audit of all funds under the control of the charter school or make arrangements with the chartering authority to provide for that auditing, and (3) each county superintendent of schools to either provide for an audit of all funds under their jurisdiction and control or make arrangements with the Controller to provide for that auditing.
The act requires annual audits of a local educational agency to include, for purposes of Proposition 28, (1) all funds received and distributed by the local educational agency pursuant to specified Proposition 28 provisions and (2) a determination of whether the funds were expended pursuant to the (A) certifications submitted by the local educational agency and (B) requirements of certain Proposition 28 provisions.
This bill would delete the requirement that an annual audit of a local educational agency include a determination of whether Proposition 28 funds were expended pursuant to the requirements of certain Proposition 28 provisions.
Proposition 28 authorizes the Legislature to amend its provisions by a 23 vote of each house if the amendment furthers its purposes.
This bill would declare that the above-described provisions further the purposes of Proposition 28.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
02/20/26 - Introduced
February 20, 2026
03/19/26 - Amended Assembly
March 19, 2026
04/27/26 - Amended Assembly
April 27, 2026
06/08/26 - Amended Senate
June 8, 2026
08/13/26 - Amended Senate
August 13, 2026
08/21/26 - Amended Senate
August 21, 2026
08/28/26 - Amended Senate
August 28, 2026
09/04/26 - Enrolled
September 4, 2026
04/20/26- Assembly Education
April 20, 2026
05/12/26- Assembly Appropriations
May 12, 2026
05/15/26- ASSEMBLY FLOOR ANALYSIS
May 15, 2026
06/15/26- Senate Education
June 15, 2026
06/26/26- Senate Appropriations
June 26, 2026
08/13/26- Senate Appropriations
August 13, 2026
08/17/26- Sen. Floor Analyses
August 17, 2026
08/24/26- Sen. Floor Analyses
August 24, 2026
08/30/26- Sen. Floor Analyses
August 30, 2026
08/31/26- ASSEMBLY FLOOR ANALYSIS
August 31, 2026
Sort by most recent
09/15/2026
California State Legislature
Enrolled and presented to the Governor at 3 p.m.
08/31/2026
Assembly
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.).
08/31/2026
Assembly
In Assembly. Concurrence in Senate amendments pending.
08/31/2026
Senate
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).
08/30/2026
Senate
Read second time. Ordered to third reading.
08/28/2026
Senate
Read third time and amended. Ordered to second reading.
08/24/2026
Senate
Read second time. Ordered to third reading.
08/21/2026
Senate
Read third time and amended. Ordered to second reading.
08/17/2026
Senate
Read second time. Ordered to third reading.
08/13/2026
Senate
Read second time and amended. Ordered returned to second reading.
08/13/2026
Senate
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 13).
06/29/2026
Senate
In committee: Referred to APPR. suspense file.
06/17/2026
Senate
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 17). Re-referred to Com. on APPR.
06/08/2026
Senate
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.
06/03/2026
Senate
Referred to Com. on ED.
05/21/2026
Senate
In Senate. Read first time. To Com. on RLS. for assignment.
05/21/2026
Assembly
Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 2440.)
05/14/2026
Assembly
Read second time. Ordered to third reading.
05/13/2026
Assembly
From committee: Do pass. (Ayes 15. Noes 0.) (May 13).
05/13/2026
Assembly
Coauthors revised.
04/28/2026
Assembly
Re-referred to Com. on APPR.
04/27/2026
Assembly
Read second time and amended.
04/23/2026
Assembly
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 22).
03/31/2026
Assembly
In committee: Hearing postponed by committee.
03/23/2026
Assembly
Re-referred to Com. on ED.
03/19/2026
Assembly
From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.
03/19/2026
Assembly
Referred to Com. on ED.
02/21/2026
Assembly
From printer. May be heard in committee March 23.
02/20/2026
Assembly
Read first time. To print.
Sources
Record Created
Feb 21, 2026 8:54:04 AM
Record Updated
Sep 16, 2026 9:33:14 AM