BILL ANALYSIS                                                                                                                                                                                                    Ó






                         SENATE COMMITTEE ON EDUCATION
                             Alan Lowenthal, Chair
                           2011-2012 Regular Session
                                        

          BILL NO:       AB 2435
          AUTHOR:        Hernandez
          AMENDED:       April 26, 2012
          FISCAL COMM:   Yes            HEARING DATE:  June 20, 2012
          URGENCY:       No             CONSULTANT:Daniel Alvarez

           SUBJECT  :  Education finance: indirect cost rates.
          
          SUMMARY  

          This bill requires the State Department of Education (SDE), 
          or any other state agency, that administers a grant or 
          allocation of federal or state funds to a school district, 
          to allow an indirect cost rate that is not less than the 
          indirect cost rate established by SDE for each district, 
          unless federal or state law requires a lower cost rate.  

           BACKGROUND  

          The United States Department of Education (USDE) has 
          approved a delegation agreement with the department that 
          authorizes the SDE, as the recognized agency to establish 
          indirect cost rates for the state's local educational 
          agencies (LEAs).  Indirect costs are agency-wide general 
          management costs (i.e., activities for the direction and 
          control of the agency as a whole). General management costs 
          consist of administrative activities necessary for the 
          general operation of the agency, such as accounting, 
          budgeting, payroll preparation, personnel services, 
          purchasing, and centralized data processing.     

           ANALYSIS
           
          This bill requires the State Department of Education (SDE), 
          or any other state agency, that administers a grant or 
          allocation of federal or state funds to a school district, 
          to allow an indirect cost rate that is not less than the 
          indirect cost rate established by SDE for each district, 
          unless federal or state law requires a lower cost rate.  
          Specifically, this bill:  





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          1)   Defines "direct cost" as a cost that provides 
               measurable, direct benefits to a particular program of 
               an agency, including, but not limited to, salaries and 
               benefits of teachers and aides, costs of purchasing 
               textbooks and instructional supplies, and costs for 
               providing pupils with counseling, health services, and 
               transportation. 



          2)   Defines "indirect cost" as the agency-wide, general 
               management cost of the activities for the direction 
               and control of the agency as a whole, including, but 
               not limited to, administrative activities necessary 
               for the general operation of the agency, as specified. 
                

          3)   Defines "indirect cost rate" as the indirect cost rate 
               established by SDE for each school district.  

           STAFF COMMENTS  

           1)   Need for the bill  . The State Department of Education 
               determines the indirect cost rate for each local 
               educational agency (LEA).  This indirect cost rate is 
               typically less than ten percent, and this rate covers 
               such general operating costs as accounting, budgeting, 
               personnel services, purchasing, payroll and data 
               processing.  However, LEAs cannot cover their 
               operating costs when the indirect rate allowed for 
               certain grants and allocations are less than the SDE 
               determined rate.  If LEAs cannot cover these operating 
               costs, they cannot operate programs that provide 
               important services for students and families without 
               putting the LEA at financial risk. 

           2)   According to State Department of Education  , "General 
               management costs are necessary for any program to 
               exist. For instance, all programs will use the 
               business office at one time or another for services 
               such as contracts, purchasing, payroll checks, and 
               personnel management. Without the benefit of an 
               indirect cost rate, there would be no standard way for 
               each program to contribute its share of the general 
               management costs without spending a lot of staff time 
               having to 'time account' to each activity. By using an 




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               indirect cost rate, LEAs have a standardized, 
               efficient way to recover a share of general management 
               costs from individual programs."
                
                Proponents of this measure argue that the SDE, as well 
               as other state agencies sometimes arbitrarily specify 
               an indirect cost rate for grant programs that is 
               neither specified in law or is lower than the 
               established indirect cost rate established by the SDE. 


           3)   Federal and state law  often delineate the amount of 
               indirect costs or administration either the state or 
               LEAs can utilize from a grant allocation.  For 
               example, under the state After School Education and 
               Safety program, school districts are limited to 
               expending no more than five percent of their grant 
               amount for administration. 
                
                As drafted, this measure singles out the utilization 
               of SDE established indirect cost rates for school 
               districts only.  However, the SDE establishes indirect 
               cost rates for school districts, county offices of 
               education, charter schools, and joint power 
               authorities where applicable.  

               Therefore, staff recommends amendments (1) if 
               technically necessary, clarify Section 2 of this 
               measure should be added to Title 2, division 2 part 
               20, chapter 3, article 2 of the education code, and 
               (2) amend Section 2 of this measure to clarify for 
               purposes of this section (i.e., EC § 33329) "school 
               district" includes school districts, county offices of 
               education, and other identified educational agencies 
               or entities. 

           4)   According to the Assembly Appropriations Committee  , 
               this measure would result in no additional Proposition 
               98 costs to implement.  The majority of state and 
               federal grants specify the amount school districts can 
               utilize for administration.  If a federal or state 
               grant specifies the rate a district can utilize for 
               administration, this bill requires districts to use 
               that rate.   

           SUPPORT  




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          California County Superintendents Educational Services 
          Association
          Los Angeles County Office of Education
          San Francisco Unified School District

           OPPOSITION

           None on file