More state funding is set to support arts teachers in local schools following legislation signed by Governor Gavin Newsom. However, a lawsuit accusing the Los Angeles school district of misusing up to $77 million in funds remains unresolved. Assembly Bill 2440 aims to encourage school systems to use arts funding provided by Proposition 28, passed by voters in November 2022.
Bill author Al Muratsuchi (D-Rolling Hills Estates) stated that many school districts face challenges with legal clarity over compliance with Proposition 28. He aims to provide statewide guidance so schools can use these funds without fear of financial penalties for potential rule violations.
Proposition 28 allocates 1% of the state’s base education funding, approximately $1 billion annually, to advance arts education. This funding is in addition to existing education funds and is derived from the state’s general fund. The funds were initially distributed during the 2023-24 school year and have been allocated annually since then. Despite the availability of these funds, early data reviews indicate that millions remain unspent.
Local officials have expressed concerns over potential financial risks, fearing they might inadvertently breach spending rules and face repayment demands. Arts organizations, education officials, school district leaders, and the California Teachers Assn. have supported the bill. The legislative process saw no recorded opposition or votes against it initially.
Austin Beutner, who crafted Proposition 28, voiced concerns that the bill could facilitate misuse of the funds. He argued that the bill might compromise the assurance that new arts funding reaches all schools and might undermine additional support for campuses serving low-income communities. Beutner feared that districts could replace existing arts funding with the new money, bypassing the initiative’s intent to expand arts instruction.
Beutner rallied opposition, including figures like United Teachers Los Angeles, mayoral candidate Nithya Raman, and San Diego school board President Richard Barrera. Beutner also announced plans to file litigation against the bill. However, a compromise was reached where the bill allows small schools or districts to pool funds to hire arts teachers, ensuring each school receives added instruction. It offers legal protection to districts from financial penalties if arts funding decreases due to circumstances such as expiring grants.
The unresolved lawsuit against LAUSD alleges misuse of the new arts funds, a situation Beutner contests. As former superintendent, Beutner claims LAUSD eliminated existing arts funding to substitute it with Proposition 28 funds, against the law’s mandates. The lawsuit cites 37 elementary schools, pointing to unchanged or reduced arts funding from 2022-23 to 2023-24 despite new funds.
Before the lawsuit, LAUSD added $30 million to its arts budget for the 2024-25 school year in response to ongoing allegations. The district asserts compliance with state guidelines and adherence to Proposition 28’s requirements. This stance was reiterated in response to the lawsuit.
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