So, here is the thing about California politics: we love a good "feel-good" ballot measure. In 2022, nearly 64% of voters looked at Proposition 28 and thought, "Yeah, kids definitely need more music and art." It felt like a slam dunk. The state was basically handing over $1 billion a year to make sure every kid had a paintbrush or a tuba in their hand. But if you’ve been following the news lately, you’ll know that the reality on the ground in Los Angeles looks a lot less like a colorful mural and a lot more like a messy courtroom.
The LAUSD Prop 28 lawsuit is basically the collision between a well-intentioned law and the "creative" accounting of a massive school district. In February 2025, a group of families and the guy who actually wrote the law, former Superintendent Austin Beutner, sued the Los Angeles Unified School District. They claim the district is essentially playing a shell game with the money. Honestly, it’s a mess.
What Most People Get Wrong About the Lawsuit
There’s a common misconception that the district just "lost" the money. That isn't exactly it. LAUSD received roughly $77 million in Prop 28 funds for the 2023-24 school year. They know where it is. The problem, according to the lawsuit, is how they spent it.
Prop 28 has a very specific rule called a "supplement, not supplant" requirement. In plain English? You have to use this new money to add arts programs, not just use it to pay for the ones you already had so you can spend your old money elsewhere. The lawsuit alleges that LAUSD did the exact opposite. They reportedly cut their baseline funding for arts teachers and then used the Prop 28 cash to fill the hole.
Basically, if your school had one art teacher before, and they still have one art teacher now, but that teacher is now paid by Prop 28—that’s a violation. The law was meant to turn that one teacher into two.
The Smoking Gun Memo
It gets weirder. The lawsuit points to an internal memo from Superintendent Alberto Carvalho sent in August 2024. In it, the district supposedly admitted it "prioritized" using the funds to cover existing staff. To the plaintiffs, this was essentially a confession. If you use "new" money to pay for "old" staff, you aren't expanding anything. You're just balancing your books on the backs of the arts department.
🔗 Read more: When is the Next Hurricane Coming 2024: What Most People Get Wrong
Why the LAUSD Prop 28 Lawsuit Still Matters in 2026
You might wonder why we’re still talking about this. Well, as of late 2025 and heading into 2026, a judge—Rupert Byrdsong—ruled that the case can actually go to a jury trial. The district tried to get it thrown out, claiming Beutner didn't understand the law (which is funny, considering he wrote it). The judge didn't buy it.
This matters because it's not just about some line items in a budget. It’s about 400,000+ students. The lawsuit calls out specific examples, like a 15-year-old student at Franklin High School who hasn't been able to take a single arts class because they're so rare. Her mom is out there looking for after-school programs because the "billion-dollar" arts expansion hasn't reached her classroom.
The Discrimination Angle
One of the heavier parts of the lawsuit is the claim of wealth and race discrimination. Prop 28 was designed to give extra money to schools with high numbers of low-income students—often Black and Latino kids who have historically been shut out of the arts. The suit argues that by "clawing back" funds or failing to hire new teachers in these specific neighborhoods, LAUSD is disproportionately hurting the very kids the law was supposed to protect.
The District’s Defense: It's Just a Misunderstanding?
To be fair, LAUSD says they've done nothing wrong. Their stance is basically: "Look at the big picture."
- They claim their total arts budget jumped from $114 million to over $206 million.
- They argue they nearly doubled their full-time arts staff.
- They insist the "supplement vs. supplant" rule should be measured at the district level, not at every individual school site.
The district's lawyers argue that the state (CDE) gave them guidance that they followed. They think the parents and unions are just misinterpreting the math. It's a classic case of "he said, she said," but with $77 million and the future of music education at stake.
💡 You might also like: What Really Happened With Trump Revoking Mayorkas Secret Service Protection
Real-World Impact: What’s Actually Happening in Schools?
If you talk to teachers on the ground, the vibe is... frustrated. Many elementary schools saw "zero" expansion in 2023-24. While the district says they are hiring, the lawsuit alleges that the "clawback" system—where the district takes back 20% of unspent funds from schools—makes it impossible for principals to actually plan for new hires.
If a principal doesn't know if the money will be there in six months, they aren't going to hire a full-time teacher. It’s a cycle of administrative gridlock.
Actionable Steps for Parents and Educators
If you're a parent in LAUSD or a concerned taxpayer, you don't have to just sit and wait for the jury verdict. There are ways to track this.
1. Demand the School-Site Report
Under Prop 28, every school is supposed to post an annual report showing exactly how much they got and how many new FTE (Full-Time Equivalent) teachers were hired. If your school’s website doesn’t have this, ask the principal why. It’s a legal requirement.
2. Check the "80% Rule"
The law says 80% of the money must go to people—teachers and aides. Only 20% can go to supplies like paint or instruments. If your school is buying 500 iPads but hasn't hired an instructor, that’s a red flag.
📖 Related: Franklin D Roosevelt Civil Rights Record: Why It Is Way More Complicated Than You Think
3. Show Up to Board Meetings
The LAUSD Board of Education is where these budget priorities are set. The lawsuit gained steam because parents and unions (like UTLA and SEIU Local 99) started making noise at these meetings.
The LAUSD Prop 28 lawsuit is more than just a legal spat between a former superintendent and a current one. It’s a test case for whether California’s "direct democracy" actually works. If voters pass a law and the biggest district in the state finds a way to bypass it, then the whole system of ballot measures is kind of at risk. For now, the case moves toward trial, and parents are still left wondering when their kids will finally get that music class they were promised.
Next Steps for Transparency
To stay informed, you should check the California Department of Education (CDE) website for the "Arts and Music in Schools" funding results. These spreadsheets show exactly how much money was allocated to your specific school code. Compare those numbers with what you actually see happening in the hallways. If the numbers don't match the reality, your local School Site Council is the first place to raise the alarm. Accountability starts with knowing the math.