BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 1064           
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          |Author:    |Roger Hernández                                      |
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          |Version:   |March 26, 2015                             Hearing   |
          |           |Date:     July 1, 2015                               |
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          |Urgency:   |No                      |Fiscal:     |Yes            |
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          |Consultant:|Lenin Del Castillo                                   |
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          Subject:  Education finance:  indirect cost rates

            SUMMARY
          
          This bill removes the January 1, 2016 sunset date that requires  
          the California Department of Education (CDE) and any other state  
          agency to allow an indirect cost rate established by the CDE for  
          state or federal grant programs unless federal or state law  
          requires a lower rate.  
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            







          AB 1064 (Roger Hernández)                               Page 2  
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            BACKGROUND
          
          Existing law requires the CDE and any other state agency to  
          allow an indirect cost rate established by the CDE for state or  
          federal grant programs administered by local educational  
          agencies (LEAs) unless a lower rate is required by state or  
          federal law.  


          Existing law further defines the following:


          1)"Indirect cost" to mean "the agencywide, general management  
            cost of the activities for the direction and control of the  
            agency as a whole [which] include, but are not necessarily  
            limited to, administrative activities necessary for the  
            general operation of the agency, such as accounting,  
            budgeting, payroll preparation, personnel services,  
            purchasing, and centralized data processing."


          2)"Indirect cost rate" to mean the rate established by the CDE  
            for each LEA.


          These provisions become inoperative and are repealed as of  
          January 1, 2016, unless extended by statute enacted before that  
          date.


            ANALYSIS
          
          This bill repeals the January 1, 2016 sunset date that requires  
          the CDE, 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 CDE for each district, unless federal  
          or state law requires a lower cost rate.  









          AB 1064 (Roger Hernández)                               Page 3  
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          STAFF COMMENTS
          
       1)Need for the bill.  According to the author's office, the CDE  
            determines the indirect cost rate for each school district,  
            county office of education, and other educational agencies.   
            This indirect cost rate is typically less than ten percent,  
            and it covers such general operating costs as accounting,  
            budgeting, personnel services, purchasing, payroll and data  
            processing.  However, local educational agencies (LEAs) cannot  
            cover their operating costs when the indirect rate allowed for  
            certain grants and allocations are less than the California  
            Department of Education (CDE) determined rate.  The author's  
            office indicates that 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)Indirect cost rates.  The United States Department of Education  
            has approved a delegation agreement with the CDE that  
            authorizes the CDE, as the recognized agency to establish  
            indirect cost rates for the state's LEAs.  Indirect costs are  
            agencywide 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.   
            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. 

       3)Fiscal impact.  According to the Assembly Appropriations  
            Committee, there would be no direct state fiscal impact since  
            any potential funding distribution would occur within a  
            program and a set amount of grant funding already dedicated to  
            that program.

       4)Related and prior legislation.  AB 2435 (Hernández, Chapter 587,  
            Statutes of 2012) established the requirement for CDE to allow  
            the full indirect cost rate for state or federal programs  
            administered by LEAs.








          AB 1064 (Roger Hernández)                               Page 4  
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            SUPPORT
          
          Antelope Valley Union School District
          Association of California School Administrators
          Baldwin Park Unified School District
          Downey Unified School District
          Los Angeles County Office of Education (sponsor)
          Lynwood Unified School District
          Palmdale School District
          Santa Clara County Office of Education
          Small School Districts' Association

            OPPOSITION
           
           None received.

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