BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2435
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 2435 (Roger Hernández)
          As Amended  April 26, 2012
          Majority vote 

           EDUCATION           7-0         APPROPRIATIONS      12-5        
           
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          |Ayes:|Brownley, Norby, Ammiano, |Ayes:|Fuentes, Blumenfield,     |
          |     |Butler, Carter, Eng,      |     |Bradford, Charles         |
          |     |Williams                  |     |Calderon, Campos, Davis,  |
          |     |                          |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio         |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
           ----------------------------------------------------------------- 

           SUMMARY  :  Establishes rules governing the indirect rate that 
          local education agencies (LEAs) may charge when implementing 
          federal or state grant programs.  Specifically,  this bill  :  

          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 California Department of Education (CDE) for 
            each school district.  

          4)Requires the CDE or any other state agency that administers a 
            grant or allocation of federal 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 








                                                                  AB 2435
                                                                  Page  2


            or state law requires a lower cost rate.
           
          FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, no additional General Fund/Proposition 98 costs to 
          implement this measure.  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. 

           COMMENTS  :  When implementing a grant program, LEAs incur 
          indirect costs, which include the cost of administrative 
          activities necessary for the general operation of the agency, 
          such as accounting, budgeting, payroll preparation, personnel 
          services, purchasing, and centralized data processing.  LEAs are 
          typically allowed to allocate a fixed percentage of the grant 
          (the indirect cost rate) to these overhead activities.  The CDE 
          periodically assigns an allowed indirect cost rate for each LEA. 
           For the Los Angeles County Office of Education, the sponsor of 
          this bill, the CDE-established rate is 9.31%. 

          This bill requires CDE or any other state agency that 
          administers a grant or allocation of federal 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.

           
          Analysis Prepared by  :    Rick Pratt / ED. / (916) 319-2087 


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