Back to MOU Letter
California's Race to the Top
Participating Local Educational Agency (LEA)
Memorandum of Understanding
This Memorandum of Understanding ("MOU") is entered into by and between the State of California and _____________________________ ("Participating LEA"). The purpose of this agreement is to establish a framework of collaboration, as well as articulate specific roles and responsibilities in support of the State in its implementation of an approved Race to the Top grant project.
I. SCOPE OF WORK
Exhibit I, the Preliminary Scope of Work, indicates the Participating LEA is agreeing to implement all of the State’s proposed reform plans ("State Plan" listed in Exhibit I) should the State’s application be approved by the U.S. Department of Education (ED).
II. PROJECT ADMINISTRATION
A. PARTICIPATING LEA RESPONSIBILITIES
In assisting the State in implementing the tasks and activities described in the State’s Race to the Top application, the Participating LEA subgrantee:
- As a condition for participating in and receiving an allocation of funds under the State's Race to the Top program, must enter into an agreement with the State that will describe more specifically the mutual responsibilities of the State and LEA for planning and implementing the State's plan. The agreement will include the final scope of work and must be produced in collaboration with the State after participation in statewide conversations with participating LEAs. The agreement must be provided to the State within 90 days of the Race to the Top award to the State and must be approved by the State.
The agreement will include a detailed work plan describing specific goals, activities timelines, budgets, key personnel, and annual targets for key performance measures. The work plan must be consistent with the LEA's preliminary scope of work in this Memorandum of Understanding, with the approved State plan, and with further guidance that the State may provide. The State will approve the LEA for funding based on the scope and quality of the work plan and the LEA's capacity to implement the plan and address at the local level significant elements of the State's approved plan in a meaningful and high quality way. The agreement between the State and the LEA will also detail the State's responsibilities for providing or coordinating technical assistance, professional development, and other support for the LEA in carrying out these functions, and how the State and LEA activities will be sequenced.
- Will implement the LEA Plan as identified in this MOU, including Exhibits I (See Attachment 2.) and II (the agreement to be reached consistent with Section II-A-1) of this agreement;
- Will, over the course of the project, work in good faith with the State and other participating LEAs to identify needs for modifications to the project and to make appropriate modifications in order to achieve the core goals of the project;
- Will actively participate in all relevant convenings, communities of practice, or other practice-sharing events that are organized or sponsored by the State or by the U.S. Department of Education ("ED");
- Will post to any Web site specified by the State or ED, in a timely manner, all non-proprietary products and lessons learned that were developed using funds under the Race to the Top grant;
- Will participate, as requested, in any evaluations of this grant conducted by the State or ED;
- Will be responsive to State or ED requests for information including on the status of the project, project implementation, outcomes, and any problems anticipated or encountered;
- Will participate in meetings and telephone conferences with the State to discuss (a) progress of the project, (b) potential dissemination of resulting non-proprietary products and lessons learned, (c) plans for subsequent years of the Race to the Top grant period, and (d) other matters related to the Race to the Top grant and associated plans.
B. STATE RESPONSIBILITIES
In assisting Participating LEAs in implementing their tasks and activities described in the State’s Race to the Top application, the State grantee will:
- Work collaboratively with, and support the Participating LEA in carrying out the LEA Plan as identified in Exhibit I and in the agreement to be developed under Section II-A-1 above;
- Timely distribute the LEA’s portion of Race to the Top grant funds during the course of the project period and in accordance with the LEA's approved work plan described in Section II-A-1 above;
- Provide feedback on the LEA’s status updates, annual reports, any interim reports, and project plans and products; and
- Provide or coordinate technical assistance, professional development, and support consistent with Section II-A-1 above.
C. JOINT RESPONSIBILITIES
- The State and the Participating LEA will collaborate in good faith to ensure alignment and coordination of State and local planning and implementation activities in order to effectively and efficiently achieve the core goals of the State's plan, consistent with their respective roles under State law and policy.
- The State and the Participating LEA will each appoint a key contact person for the Race to the Top grant.
- These key contacts from the State and the Participating LEA will maintain frequent communication to facilitate cooperation under this MOU.
- State and Participating LEA grant personnel will work together to determine appropriate timelines for project updates and status reports throughout the whole grant period.
- State and Participating LEA grant personnel will negotiate in good faith to continue to achieve the overall goals of the State’s Race to the Top grant, even when the State Plan requires modifications that affect the Participating LEA, or when the LEA Plan requires modifications.
D. STATE RECOURSE FOR LEA NON-PERFORMANCE
If the State determines that the LEA is not meeting its goals, timelines, budget, or annual targets or is not fulfilling other applicable requirements, the State grantee will take appropriate enforcement action, which could include a collaborative process between the State and the LEA, or any of the enforcement measures that are detailed in 34 CFR section 80.43 including, for example, putting the LEA on reimbursement payment status, temporarily withholding funds, or disallowing costs.
III. ASSURANCES
The Participating LEA hereby certifies and represents that it:
- Has all requisite power and authority to execute this MOU;
- Is familiar with the State’s Race to the Top grant application and is supportive of and will work to implement the entire State plan, as defined by the State, and consistent with Exhibit I;
- Will provide a Final Scope of Work and detailed work plans consistent with Section II-A-1 above if the State’s application is funded; will do so in a timely fashion but no later than 90 days after a grant is awarded; and will enter into an agreement with the State consistent with Section II-A-1 above; and
- Will comply with all of the terms of the Grant, the State’s subgrant, and all applicable Federal and State laws and regulations, including laws and regulations applicable to the Program, and the applicable provisions of EDGAR (34 CFR Parts 75, 77, 79, 80, 82, 84, 85, 86, 97, 98 and 99).
IV. MODIFICATIONS
This Memorandum of Understanding may be amended only by written agreement signed by each of the parties involved, and in consultation with ED.
V. DURATION/TERMINATION
This Memorandum of Understanding shall be effective, beginning with the date of the last signature hereon and, if a grant is received, ending upon the expiration of the grant project period, upon termination for non-compliance, or upon mutual agreement of the parties, whichever occurs first.
Nothing in this Memorandum of Understanding shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. By way of the signatures below, the LEA and local collective bargaining representative agree to confer in good faith over matters within the scope of the MOU and agree further that those portions of the MOU subject to collective bargaining shall be implemented only upon the agreement of the LEA and the local collective bargaining representative.
Please submit a statement of intent to participate by December 31, 2009 by e-mail to info@caracetothe top.org.
Please submit a copy of the signed MOU in PDF format by e-mail to info@caracetothe top.org or by fax to the California Department of Education at 916-319-0100 on or before January 8, 2010.
VI. SIGNATURES
LEA Superintendent (or equivalent authorized signatory) - required:
___________________________________________________________
Signature/Date
___________________________________________________________
Print Name/Title
President of Local School Board (or equivalent, if applicable)*:
___________________________________________________________
Signature/Date
___________________________________________________________
Print Name/Title
Local Teachers Union Leader (if applicable)*:
___________________________________________________________
Signature/Date
___________________________________________________________
Print Name/Title
Authorized State Official (required)
By its signature below, the State hereby accepts the LEA as a Participating LEA.
___________________________________________________________
Signature/Date
___________________________________________________________
Print Name/Title
*Note: Because the State's application must demonstrate the number of obtained signatures against the total number of applicable signatures, it is very important for LEAs to write not applicable ("N/A") on the signature lines that do not apply to their LEA. Therefore, for LEAs that do not have a teachers' union or local governing board, please mark "N/A."
