BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  AB 1064
          Author:   Roger Hernández (D)
          Amended:  7/16/15 in Senate
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  7-0, 7/1/15
           AYES:  Liu, Runner, Leyva, Mendoza, Monning, Pan, Vidak
           NO VOTE RECORDED:  Block, Hancock

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 7/13/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  78-0, 5/14/15 (Consent) - See last page for  
            vote

           SUBJECT:   Education finance:  indirect cost rates


          SOURCE:    Los Angeles County Office of Education

          DIGEST:  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.  

          ANALYSIS: 
          
          Existing law:

          1)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  








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            (LEAs) unless a lower rate is required by state or federal  
            law.  

          2)Defines the following:  

             a)   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.

             b)   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          These provisions become inoperative and are repealed as of  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.

          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.  

          Comments
          
          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 10%, and it  
          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 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.  
           

          Indirect cost rates.  The United States Department of Education  







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          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 5% of their  
          grant amount for administration. 

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          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.

          SUPPORT:   (Verified7/30/15)


          Los Angeles County Office of Education (source)
          Antelope Valley Union School District
          Association of California School Administrators
          Baldwin Park Unified School District
          Downey Unified School District
          Lynwood Unified School District
          Palmdale School District
          Santa Clara County Office of Education
          Small School Districts' Association


          OPPOSITION:   (Verified7/30/15)


          None received
           

          ASSEMBLY FLOOR:  78-0, 5/14/15







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          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Linder, Medina

          Prepared by:Lenin Del Castillo / ED. / (916) 651-4105
          8/13/15 13:38:27


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