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(a)Pursuant to authorization in 34 Code of Federal Regulations (CFR), §75.561(b), the Texas Education Agency (TEA) has been delegated the authority by the United States Department of Education (USDE) to review indirect cost applications and to approve indirect cost rates. (b)To recover any indirect costs for the administration of federal grants, an entity must have an approved indirect cost rate. A new indirect cost rate must be obtained for every fiscal year. (c)For the fiscal year an entity has been issued an indirect cost rate, it can claim indirect cost revenue on applicable grants in that fiscal year. As indirect cost revenues are earned in the Special Revenue Fund on federally funded grants, these revenues can be transferred from the Special Revenue Fund to the General Fund. After the indirect cost revenue has been recorded in the General Fund, the revenues can be used for any legal purpose. (d)Guidance concerning indirect cost rates has been developed by the TEA in conjunction with federal statutes and guidance from the USDE to be used for various entities for which the TEA is the cognizant agency. The definitions, standards, and procedures used to govern indirect cost rates are described in the Indirect Cost Handbook provided in this subsection. Attached Graphic (e)Guidance provided in the handbook described in subsection (d) of this section will be updated annually as necessary by the commissioner of education to align with subsequent updates, modifications, and amendments to the statutory authority and USDE guidance. (f)To the extent that this section conflicts with any other commissioner or State Board of Education rule, including the Financial Accountability System Resource Guide, the provisions of this section control.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on February 6, 2014
TRD-201400574 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: February 26, 2014
Proposal publication date: November 1, 2013
For further information, please call: (512) 475-1497
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