Education Code Section 8820(h) states that the California Department of Education (CDE) may, “for good cause shown”, provide a waiver to exempt Local Education Agencies (LEAs) from Proposition 28's requirement that 80% of funding is spent to hire certified or classified employees to provide arts and education instruction.  However, Proposition 28 does not specifically define what “good cause” means.  Generally, “good cause” is determined based on the facts of the given circumstances, and includes reasons that are fair, honest, made in good faith, not trivial, arbitrary, capricious, or pretextual, and reasonably related to the stated needs, goals, and purposes. (See, Tanguilig v. Valdez,  (2019) 36 Cal.App.5th 514, 527-528.) Therefore, LEAs that can show good cause for an exemption which may increase the likelihood that the waiver described in Education Code 8820(h) may be granted if the LEA chooses to apply.

Read more about Proposition 28 and waiver exemptions here.