New York State Participating LEA Memorandum of Understanding

Signed Memoranda of Understanding and Preliminary Scope of Work Statements (Exhibit I) are due
to the State Education Department by 5:00pm on Friday, May 28, 2010
to ensure inclusion in the State’s Phase 2 Race to the Top Application

SUBMISSION INSTRUCTIONS
1. Print and review the Memorandum of Understanding (MOU) and preliminary Scope of Work (Exhibit 1).
2. Sign and date on page 4. The school district superintendent or the equivalent authorized signatory for the
public charter school must sign. We strongly encourage presidents of boards of education/chairs of boards
of trustees for public charter schools as well as presidents of local teachers unions (as applicable) to sign.
3. Sign and date the preliminary Scope of Work on page 7. The signature of the school district superintendent
or the equivalent authorized signatory for the public charter school is required.
4. Scan the completed document and email it to RTTT@mail.nysed.gov, include in the subject line of the
email “Signed MOU” and the name of your school district/public charter school. If you are unable to submit
the document electronically, you may fax the signed MOU and preliminary Scope of Work to the State
Education Department at any of the numbers below:
518-486-9070 518-473-6472 518-473-2056 518-486-2405 518-473-4909
AND
Send the paper copy with original signatures to:
Rebecca Kennard, Attention RTTT
Room 152 Education Building
New York State Education Department
89 Washington Avenue, Albany, N.Y. 12234

This process will allow for timely receipt of signed MOUs, while also ensuring that the State Education
Department retains an official copy of the document.

PLEASE NOTE
The Department will not approve MOUs that contain any language insertions, addenda (including any
conditions on participation and/or implementation), comments, strikeouts or deletions.

Who should the Department contact if there are questions about your submitted MOU?
PLEASE PRINT
Contact Person:

Phone Number: ( )
Area Code
Email Address:

New York State Education Department 1 RTTT Phase 2

MOU
 New York State Participating LEA Memorandum of Understanding

This Memorandum of Understanding (“MOU”) is entered into by and between _________________

School District/Public Charter School (“Participating LEA”) and the State of New York (“State”)
through the New York State Education Department. 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 elements of the State’s Proposed Reform Plan (“State Plan”).

As described below in “Section III: Assurances,” the Participating LEA hereby agrees to provide a
Final Scope of Work (“LEA Plan,” which will be appended to this MOU as Exhibit II) no later
than 90 days after a grant is awarded to the State. The LEA Plan will describe the Participating
LEA’s specific goals, activities, timelines, budgets, key personnel, and annual targets for key
performance measures in a manner that is consistent with the Preliminary Scope of Work
(Exhibit I) and with the State Plan.

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 will:

1) Implement the LEA plan as identified in Exhibits I (Preliminary Scope of Work) and II (Final
Scope of Work);
2) 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”);
3) Post to any website specified by the State or ED, in a timely manner, all non-proprietary
products and lessons learned developed using funds associated with the Race to the Top
grant;
4) Participate, as requested, in any evaluations of this grant conducted by the State or ED;
5) 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;
6) 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:

1) Work collaboratively with, and support the Participating LEA in carrying out the LEA Plan as
identified in Exhibits I and II of this agreement;

New York State Education Department 2 RTTT Phase 2 MOU

 New York State Participating LEA Memorandum of Understanding

2) 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 Plan identified in Exhibit II;
3) Provide feedback on the LEA’s status updates, annual reports, any interim reports, and project
plans and products; and
4) Identify sources of technical assistance for the project.

C. JOINT RESPONSIBILITIES

1) The State and the Participating LEA will each appoint a key contact person for the Race to the
Top grant.
2) These key contacts from the State and the Participating LEA will maintain frequent
communication to facilitate cooperation under this MOU.
3) State and Participating LEA grant personnel will work together to determine appropriate
timelines for project updates and status reports throughout the whole grant period.
4) 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 putting the LEA on
reimbursement payment status, temporarily withholding funds, or disallowing costs.

III. ASSURANCES
The Participating LEA hereby certifies and represents that it:
1) Has all requisite power and authority to execute this MOU;
2) Is familiar with the State’s Race to the Top grant application and is supportive of and committed
to working on all portions of the State Plan;
3) Agrees to be a Participating LEA and will implement those portions of the State Plan indicated
in Exhibit I, if the State application is funded,
4) Will provide a Final Scope of Work to be attached to this MOU as Exhibit II only 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 describe in Exhibit II the LEA’s specific goals, activities, timelines, budgets,
key personnel, and annual targets for key performance measures (“LEA Plan ”) in a manner
that is consistent with the Preliminary Scope of Work (Exhibit I) and with the State Plan; and
5) 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).

New York State Education Department 3 RTTT Phase 2 MOU

 New York State Participating LEA Memorandum of Understanding

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, or upon
mutual agreement of the parties, whichever occurs first.
VI. SIGNATURES

LEA Superintendent (or equivalent authorized signatory) - required:

05/ /2010
Signature Date

Print Name Print Title

President of Local School Board (or equivalent, if applicable):

05/ /2010
Signature Date

Print Name Print Title

Local Teachers Union Leader (if applicable):

05/ /2010
Signature Date

Print Name Print Title

Authorized State Official - required:

By its signature below, the State hereby accepts the LEA as a Participating LEA.

05/ /2010
Signature Date

Print Name Print Title

New York State Education Department 4 RTTT Phase 2 MOU

 EXHIBIT I – PRELIMINARY SCOPE OF WORK
Consistent with any applicable State law(s) and regulation(s), LEA hereby agrees to participate in implementing the New York State
Plan in each of the areas identified below.
ELEMENTS OF NEW YORK’S REFORM PLAN
B. Standards and Assessments
(B)(3) Supporting the transition to enhanced
standards and high-quality assessments
C. Data Systems to Support Instruction
(C)(3) Using data to improve instruction:
(i) Use of local instructional improvement
systems
(ii) Professional development on use of
data
(iii) Availability and accessibility of data to
researchers
D. Great Teachers and Leaders
(D)(2) Improving teacher and principal
effectiveness based on performance:
(i) Measure student growth
(ii) Design and implement evaluation
systems
New York State Education Department
PARTICIPATING LEAS COMMIT TO:
 Implementing the enhanced standards and high-quality assessments as described in
the State’s plan, including:
▪ collaborating with the State regarding adoption and implementation of the Common
Core Standards as required by the State;
▪ participating in professional development regarding the Common Core Standards
and State curriculum frameworks; and
▪ participating in any growth model developed and required by the State and
approved by USED.
 Implementing the longitudinal data system developed by the State and described in the
State’s plan, including:
▪ Collecting data as required by the State;
▪ Implementing or enhancing a local instructional improvement system and making
data from such system available to researchers; and
▪ Providing professional development for teachers and administrators on using data
to improve instruction.
Pursuant to State law:
 Implementing a comprehensive evaluation system for teachers and principals based on
multiple measures of effectiveness, including student achievement measures, which
would comprise 40% of teacher and principal evaluations and ratings in accordance
with the following minimum requirements:
5 RTTT Phase 2 MOU
D. Great Teachers and Leaders cont’d
(iii) Conduct annual evaluations
(iv)(a) Use evaluations to inform
professional development
(iv)(b) Use evaluations to inform
compensation, promotion, and retention
(iv)(c) Use evaluations to inform tenure
and/or full certification
(iv)(d) Use evaluations to inform removal
(D)(3) Ensuring equitable distribution of effective
teachers and principals:
(i) High-poverty and/or high-minority
schools
(ii) Hard-to-staff subjects and specialty
areas
(D)(5) Providing effective support to teachers
and principals:
(i) Quality professional development
(ii) Measure effectiveness of professional
development
New York State Education Department
o 2011-2012: 20 percent student growth on state assessments or comparable
measures for teachers in the common branch subjects or ELA and Math in
grades four to eight only, and 20 percent other locally selected measures that
are rigorous and comparable across classrooms;
o Subsequent years before Regents approval of a value-added growth
model: 20 percent student growth on state assessments or comparable
measures for all teachers, and 20 percent other locally selected measures that
are rigorous and comparable across classrooms;
o Subsequent years following Regents approval of a value-added growth
model: 25 percent student growth on state assessments or comparable
measures, and 15 percent other locally selected measures that are rigorous and
comparable across classrooms.
o The remaining 60 percent of the evaluations and ratings would be based on
locally developed measures (e.g., classroom observations by trained evaluators),
according to standards prescribed by the Commissioner.
 Differentiating teacher and principal effectiveness using the following quality rating
categories: highly effective, effective, developing and ineffective, consistent with explicit
minimum and maximum bands or scoring ranges for each category as prescribed by
the Commissioner.
 Developing a single composite effectiveness score for every teacher and principal
which incorporates multiple measures of effectiveness, including student achievement
measures as set forth above.
 Using such annual evaluations as a significant factor for employment decisions
including but not limited to, promotion, retention, tenure determination, termination and
supplemental compensation, and also for teacher and principal professional
development.
 Developing and implementing improvement plans for teachers and principals rated
“ineffective” or “developing”.
 Pursuing the removal of teachers and principals receiving two consecutive annual
ratings of “ineffective” after receiving supports from improvement plans.
 Ensuring an equitable distribution of qualified and effective teachers and principals
within a district based on State-developed criteria as described in the State Plan.
6 RTTT Phase 2 MOU
E. Turning Around the Lowest-Achieving Schools
(E)(2) Turning around the lowest-achieving
schools
 As required by Commissioner’s regulations, in schools that have been identified as
persistently lowest-achieving, LEAs commit to implementing one of the four turnaround
models outlined in the State’s plan and approved by the Commissioner;
 Participating fully in Annual Review of Plan Effectiveness for persistently lowest-
achieving schools as described in the State’s plan; and
 For persistently lowest-achieving schools, establishing annual goals for student
achievement on the State’s assessments in both reading/language arts and
mathematics. LEAs must also report and measure progress on several indicators as
described in the State’s plan.

REQUIRED SIGNATURES:
School District Superintendent Authorized State Official
(or equivalent authorized signatory) By its signature below, the State hereby accepts the LEA as a
Participating LEA

05/ /2010 05/ /2010

Signature Date Signature Date

Print Name Print Name

Print Title Print Title

New York State Education Department 7 RTTT Phase 2 MOU

 RACE TO THE TOP (RTTT)
MEMORANDUM OF UNDERSTANDING (MOU)
ANSWERS TO FREQUENTLY ASKED QUESTIONS

OVERVIEW
The Race to the Top is an unprecedented $3.4 billion competitive federal grant program, the largest
ever offered by the U.S. Department of Education. New York State is one of only four states eligible
for the largest grants – up to $700 million. It presents a unique opportunity for the State to build on
the unrivalled experience and talents of educators across New York to accomplish the work
necessary to fulfill the Regents’ vision. The Race to the Top (RTTT) is designed to reward states that
are creating conditions for education innovation and reform and are achieving significant improvement
in student outcomes. New York is on the right path.

If you are a superintendent (or chief school officer of a charter school), school board president, charter
school governing board president, or local teachers union leader, please sign your district’s
Memorandum of Understanding (MOU) and the preliminary Scope of Work and return it. Winning the
grant depends in part on the amount of support from education leaders across the state and their
commitment to implementing the State’s plan. Please help New York not only get these vitally needed
funds but also carry out major education reforms described in our Phase 2 RTTT application that will
benefit children across the state.

If New York wins a RTTT grant, 50% of the State’s award must be allocated to school districts that
receive Title I funds and meet the State’s requirements to qualify as “participating” districts. The other
50% is available to the State for state-level activities, distribution to schools, and other purposes.

For more information, please see New York State Education Department (NYSED)’s RTTT webpage
at http://usny.nysed.gov/rttt/ or log on to U. S. Education Department (USED)’s site:
http://www.ed.gov/programs/racetothetop/index.html

MEMORANDUM OF UNDERSTANDING
1. What is the purpose of the MOU and preliminary Scope of Work that is part of the State’s
RTTT application?

To be successful in their applications, states must be able to demonstrate strong statewide

commitment to implement the State’s plans regarding the four assurance areas established by USED:
 Adopting standards and assessments that prepare students to succeed in college and the
workplace and to compete in the global economy;
 Building data systems that measure student growth and success, and inform teachers and
principals about how they can improve instruction;
 Recruiting, developing, rewarding, and retaining effective teachers and principals, especially
where they are needed most; and
 Turning around our lowest achieving schools.

New York State Education Department RTTT Phase 2 MOU

1
The MOU and preliminary Scope of Work is the method states have been asked to use by the USED
to demonstrate the breadth and strength of participating LEAs’ support for, and commitment to,
implementing the initiatives outlined in the State’s application.

2. The language and format of the MOU and Scope of Work appear to be different than in
Phase I. What has changed and why?

As you can see, we have decided to use the federal MOU template with no substantive changes. The
preliminary Scope of Work includes descriptive bullets summarizing the elements of the State Plan in
the four reform areas, with no “yes” or “no” boxes. We made these changes in light of USED
guidance and Phase 1 reviewer feedback, and to address issues that arose during the MOU
processing in Phase 1. By signing the attached MOU and preliminary Scope of Work, we are simply
asking LEAs to agree to follow applicable State law and Commissioner’s regulations, including any
applicable laws relating to collective bargaining, as they relate to the work described in the Preliminary
Scope of Work and the State Plan (as described in the State’s Phase 2 application).

3. Our MOU was accepted for the State’s Phase 1 RTTT application. Do we have to submit
the MOU and preliminary Scope of Work again?

Yes. All LEAs interested in participating in our Phase 2 application must file new MOUs and
preliminary Scope of Work statements (Exhibit I). According to guidance provided by USED, if a state
makes changes to its Phase 2 application that affects its MOU terms and conditions or the scope of
work, the state must update the MOU and re-execute the agreement. While our Phase 2 application
is based on the same four assurance areas, New York has made substantial changes to its State Plan
in this second application based on the USED reviewers’ comments as well as our analysis of the
applications of other states. Since New York State’s Phase 2 application will be materially different
from its first application, participating LEAs under Phase 2 will be implementing different activities if
we are successful in winning an award. A new completed MOU will demonstrate the LEA’s support
for this revised plan.

4. Can we use the same MOU form for Phase 2 as we used for the first RTTT application?

No. LEAs must use the RTTT Phase 2 MOU template provided on the State Education Department’s
website (http://usny.nysed.gov/rttt/) to reflect their agreement to implement Phase 2 initiatives. The
Department will not approve any MOUs that are submitted using the Phase 1 form.

The Department will not accept MOUs that contain any language insertions, addenda (including any
conditions on participation and/or implementation), comments, strikeouts or deletions. Also, please
do not reprint the MOU and submit it on district letterhead as this may delay the review and
subsequent acceptance of the MOU.

5. Who must sign the MOU? How many signatures are needed?

School Districts:
In order to receive funding under RTTT, a school district’s MOU and preliminary Scope of Work
(Exhibit I) must be signed and dated by the superintendent.. The additional signatures of the board of
education president and the leader of the local teachers union will demonstrate the strength of the
LEA’s commitment and support. The more districts that submit MOUs signed by all three local
leaders, the greater New York’s chances are of winning a Phase 2 grant.

Please be sure to sign the MOU on page 4. Additionally, the participating school district
superintendent school must also sign the preliminary Scope of Work on page 5.

New York State Education Department RTTT Phase 2 MOU

2
Charter Schools:
In order to receive funding under RTTT, a charter school’s MOU and preliminary Scope of Work
(Exhibit I) must be signed and dated by the chief school officer of the school and should be signed by
the President of the school’s Board of Trustees. The more charter schools that submit MOUs signed
by both parties, the more the State’s chances of winning a Phase 2 grant will be enhanced.

Please be sure to sign the MOU on page 4. Additionally, the public charter school governing board
chair for a participating public charter school must also sign the preliminary Scope of Work on page 5.

6. Is the approval of the board of education required before the superintendent or school
board president can sign the MOU?

The approval of the school board is not required where the superintendent and board president,
consistent with their authority to act on behalf of the board of education and school district, sign the
MOU.

7. Will a LEA receive the funds without signing the MOU?

No. Only LEAs that sign the MOU and the preliminary Scope of Work will be eligible to receive
funding under the 50% of the State’s grant that is to be suballocated to “participating LEAs.”

8. Under Section II-D of the MOU (State Recourse for LEA Non-Performance), what is the
interpretation of "temporarily withholding funds or disallowing costs?"

Withholding funds or disallowing costs refers only to prospective RTTT funds and other funds the
State earmarks specifically to support RTTT initiatives. It does not refer to any other funds a district
may receive from the State, including State Aid.

9. What is the anticipated level of commitment for district personnel required under Section
II-A(2) to "actively participate in all relevant convenings, communities of practice, or other
practice-sharing events"?

It is not possible now to project with certainty what this commitment will be for all districts.
Determining how this commitment will be met will be part of the Final Scope of Work that LEAs will
write and submit within 90 days of New York receiving its award. By signing the MOU and the
preliminary Scope of Work now, LEAs are demonstrating their commitment to actively participate in
New York State’s education reform plan.

10. When is the MOU due to the State Education Department?

Signed Memorandum of Understanding and preliminary Scope of Work statements are due by
5:00pm on Friday, May 28, 2010, to ensure inclusion in the State’s Phase 2 Race to the Top
application.

11. Where should I send the signed MOU?

The signed and dated MOU and preliminary Scope of Work should be scanned and emailed to
RTTT@mail.nysed.gov. Include in the subject line of the email “Signed MOU” and the name of your
school district/public charter school. If you are unable to submit the document electronically, you can
New York State Education Department RTTT Phase 2 MOU
3
fax the signed MOU and preliminary Scope of Work to the State Education Department at 518-486-
9070.
AND
Send the hard copy with original signatures to:
Rebecca Kennard, Attention RTTT
Room 152 Education Building
New York State Education Department
89 Washington Avenue
Albany, N.Y. 12234

12. When will we know whether our MOU has been accepted?
According to USED’s RTTT guidance, MOUs and preliminary Scope of Work statements must be
reviewed and signed by an authorized State Education Department official before an LEA can be
designated as a “participating LEA.” The Department will review submitted MOUs on an on-going
basis, beginning on the date the MOU form is first posted on NYSED’s RTTT website
(http://usny.nysed.gov/rttt/). LEAs will be notified by e-mail when their MOUs have been accepted. To
assist us with timely notification, please be sure to include the name of a LEA contact person and e-
mail address on page 1.

13. What is my district’s legal obligation if we submit the MOU and New York does not receive
a Phase 2 RTTT award?

If the State does not receive an RTTT award, the district is not obligated to participate in the State’s
plan pursuant to the MOU. However, LEAs will need to comply with all applicable State laws and
regulations even in the absence of an RTTT grant. Moreover, it is important to note that in order to
participate in other federal funding opportunities, such as a School Improvement Grant, districts will
also have to engage in activities similar to those outlined in New York State’s RTTT application.

SCOPE OF WORK STATEMENTS

14. The preliminary Scope of Work (Exhibit I) included in the MOU lists the Elements of State
Reform starting with B and goes to (B)(3) to C(3) to D(2). Is it complete?

The version of the Phase 2 MOU posted online at http://usny.nysed.gov/rttt/ is correct and must be
used by LEAs interested in participating. Some of the required elements of the State’s application do
not pertain to local school level goals and activities, and as such are not included in the MOU and the
preliminary Scope of Work.

15. Must an LEA agree to participate in all the proposed Elements of the State Reform Plan
included in the preliminary Scope of Work (Exhibit I)? There is no opportunity to check
“Yes” or “No” or to submit comments. Why?

USED’s RTTT reform elements are designed to work together to create a comprehensive systemic
approach to improving teaching and learning. Accordingly, New York State’s Phase 2 application sets
forth a broad agenda for reform intended to have statewide impact. New York State has therefore
determined that participation in every element of the State plan is vital to its statewide success and is
strongly aligned with the goals and purpose of USED’s RTTT competition.

New York State Education Department RTTT Phase 2 MOU

4
16. Some of the activities listed under Section D (Great Teachers and Leaders) seem that they
require collective bargaining. Is this the case?

The evaluation bill, which, if enacted into law, will require that all collective bargaining agreements for
teachers and building principals entered into after July 1, 2010 be consistent with its provisions. It
further provides that any conflicting provisions of collective bargaining agreements in effect on July 1,
2010 are not abrogated and remain in effect until there is a successor agreement. It also preserves
the right of local collective bargaining representatives to negotiate evaluation procedures with a
school district or BOCES per the Civil Service Law at any time.

17. Does the pending legislation regarding teacher and principal evaluation supersede local
contracts?

See the response to the question above.

18. As New York State does not currently have a growth model, how will growth be measured
for teacher evaluations under the bill?

In accordance with the legislation, the Department will consult with a newly formed Teacher and
Principal Effectiveness Advisory Committee (TPEAC) comprised of practitioners and other
stakeholders, and develop a growth model to be approved by the Board of Regents.

19. How will student growth be defined?

In the legislation, growth is defined as the change in student achievement for an individual student
between two or more points in time. The Teacher and Principal Effectiveness Advisory Committee
(TPEAC) will assist the Department in the development of an appropriate growth model.

20. How will growth be measured for students with disabilities and English language
learners?

In accordance with the Commissioner’s regulations adopted in April 2010, the growth measures must
take into account the unique abilities or disabilities of each student including English language
learners.

21. How will students of teachers in non-tested grades and subjects show growth?

The legislation provides for a phase-in which would provide for an orderly process under which the
new evaluation system will first apply to teachers in grades 4-8 in common branch subjects and
English Language Arts (ELA) or mathematics, and their principals, and then be expanded out to all
teachers and principals in all grades and subjects. The Teacher and Principal Effectiveness Advisory
Committee (TPEAC) will provide input into the development of standards and measures for subjects
and/or grades for which there are no State assessments.

22. How will the effectiveness ratings be arrived at?

The evaluation will result in a composite score based on multiple measures of effectiveness including
evidence of student growth. Following consultation with the Teacher and Principal Effectiveness
Advisory Committee (TPEAC), the Commissioner’s regulations will set scoring bands or ranges for the
four categories: Highly Effective, Effective, Developing and Ineffective.

New York State Education Department RTTT Phase 2 MOU

5
23. Our district does not have any schools currently identified by NYSED as being
“persistently lowest achieving.” Why are we being asked to commit to participation in
Section (E) – Turning Around the Lowest-Achieving Schools?

The Board of Regents has decided to merge the “persistently lowest achieving schools” designation
into the State’s Schools Under Registration Review (SURR) process. Consequently, as described in
New York’s Race to the Top application, the Commissioner will identify schools as Persistently Lowest
Achieving during each year of the grant. In addition, districts that do not have persistently lowest
achieving schools may nevertheless wish to participate in the Secondary School Innovation program
in order to use RTTT funding either to implement one of the four intervention models or a different
innovative school model in a non-identified school. For this reason, we are asking all participating
LEAs to agree to the Section (E) initiatives both because they may have a school that could
participate during the course of the four years of the RTTT grant and, more importantly, such
agreement demonstrates your support for the State’s Plan, which makes turning around our lowest
achieving schools an important priority.

24. In practice, what is anticipated by the phrase "ensure the equitable distribution of effective
teachers and principals"?

The new statewide evaluation system will help improve the equitable distribution of effective teachers
and principals by providing additional data from evaluations relating to student performance and by
informing targeted and differentiated professional development with a focus on teachers and
principals in high need schools and/or shortage subject areas. The State Plan will also provide
additional incentives to encourage the most effective teachers and principals to take assignments and
remain serving high-poverty and high-minority schools, especially in STEM areas.

25. In Phase 1, LEAs were able to answer “Not Applicable” to (D)(3) concerning the equitable
distribution of effective teachers and principals under limited circumstances. Why is this
not the case now?
It is Regents policy that all districts should have an equitable distribution of effective teachers and
principals. This should be true regardless of the size or demographic profile of its student population.

26. What will happen if an LEA submits the signed MOU and the preliminary Scope of Work
and then our RTTT allocation grant is not sufficient to support all the work we agreed to
do? What is my district’s legal obligation in this situation?

To the extent made possible by the eventual grant award, implementation funding will be provided to
participating LEAs. Depending on the final grant amount that New York would receive, the scope of
State activities may need to be adjusted.

Districts may also realign existing funding to support projects on the four assurances (e.g., aligning
district professional development in math with the new State standards).

27. What will the final Scope of Work entail?

If the State receives a RTTT award, participating LEAs will have 90 days to finalize a Scope of Work
detailing their participation. The final Scope of Work will be developed by the district, in partnership
with NYSED, and will consist of a detailed work plan, including the participating district’s specific
goals, activities, budgets, key personnel, and annual targets for key performance measures. The final

New York State Education Department RTTT Phase 2 MOU

6
Scope of Work will also set forth any applicable State-required timelines for implementation of the
State Plan.

28. Can participating LEAs withdraw and refuse the money once they see what specifically
will be required in the final Scope of Work?

Section II-C (Joint Responsibilities) of the MOU commits the NYSED and the participating LEA to
negotiate in good faith to continue to achieve the overall goals of the State’s RTTT grant, even when
the State plan requires modifications that affect the LEA, or the LEA’s plan requires modifications. If
the good faith negotiations on the final Scope of Work are unsuccessful, the LEA may withdraw as a
participating LEA, with the resulting loss of RTTT funding. The MOU also provides that it may be
amended by written agreement signed by the parties and in consultation with USED.

ELIGIBILITY FOR PARTICIPATION

29. Who is eligible to be a “participating LEA”?

Public school districts and public charter schools open and in operation during the 2010-11 school
year are eligible to become “participating LEAs” under RTTT.

30. Can BOCES be “participating LEAs”?

While BOCES are local educational agencies (LEAs), they do not receive funding under Title I, Part A
and would not be eligible to receive a grant from the 50% portion of the State’s award designated for
suballocations to participating LEAs. BOCES clearly have a vital role in working with the State to
implement portions of the plan that necessitate full or nearly full statewide implementation. This
partnership between BOCES and the State could be supported, in part, by RTTT funds coming from
the 50% of the State grant that is not intended to be suballocated to participating LEAs.

BOCES District Superintendents and their respective board presidents and teacher union local
presidents are therefore encouraged to submit a MOU as a demonstration of their commitment to the
State’s reform agenda as presented in the RTTT application.

31. Are Special Act school districts serving high needs students eligible to be “participating
LEAs”?

According to the RTTT guidelines, only LEAs that receive Title I Part A funds are eligible to become
“participating LEAs.” Special Act school districts currently only receive Title I, Part D (rather than Part
A) funds. Therefore, these school districts are not eligible to receive a subgrant under this portion of
the State’s award. However, these districts can benefit from the remaining 50% that will be used to
implement state-level initiatives to benefit all districts and to fund competitive in-state RFP activities.

32. My district receives Title I funds but has no persistently low achieving schools. Are we
eligible?

Yes. If your district has no persistently lowest achieving schools, then it may use its RTTT funds for
allowable activities under the other sections of the grant; that is, Standards and Assessments, Data
Systems to Support Instruction, and Great Teachers and Leaders. Only schools identified as
persistently lowest achieving must implement one of the four intervention models.

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DISTRIBUTION OF FUNDS

33. If a school district signs the MOU, and New York State wins the RTTT funding, will those
participating districts automatically receive a share of the funds, or will they still need to
compete for them?

If New York is successful in its application, 50% of the State’s award will be distributed as subgrants
to participating LEAs based on the allocation formula used for the distribution of Title I funds. They will
not have to compete for this portion of the RTTT funding. They will receive the subgrant, provided that
NYSED and the LEA successfully negotiate a Final Scope of Work consistent with the State plan.
Some funds from the remaining 50% of the State’s award will be awarded through a competitive RFP
programs.

34. How will my district’s share of any award be calculated? What amount of financial support
can my district expect?

The size of an individual subgrant to a participating LEA will be dependent on two factors:
 The size of the grant awarded to New York (we are eligible for a maximum award of $700
million -- $350 million of this amount to be used for LEA subgrants); and
 The number of Title I eligible LEAS that choose to participate.
USED guidance specifically states that a state must calculate a section 14006(c) subgrant for each
Title I eligible LEA by:
a. Determining the LEA's share of total 2009 allocations of Part A of Title I of all LEAs that have
signed MOUs and are participating in the State's RTTT plan (i.e., the LEAs Title I share); and
then
b. Multiplying the LEA’s Title I share by the amount that must be subgranted to participating
LEAs (i.e., 50 percent of the State's total RTTT grant).

35. If LEAs sign the MOU, how is the money distributed? Is it good for more than one year? Is
there one allocation or more than one?

Grant funds will be distributed to participating LEAs using the standard grant process employed by
NYSED for all federal grants (i.e., the FS-10/25/10F process). This process enables LEAs to draw
down funds as needed to pay program costs while minimizing the time that elapses between the draw
and disbursement by the subgrantee. Participating LEAs will be accountable for meeting annual
performance goals and timelines. USED will award RTTT Phase 2 funds to states in September 2010.
States will then have a four-year project period from the time of the award in which to implement their
plans and spend their grant money. A similar timeframe will apply for participating LEAs.

36. Our district does not receive Title I funds currently. Would we receive any funding from
this initiative, even if we sign the MOU?

If your district is not eligible for Title I Part A funding, the district will not receive a subgrant from the
50% of the State’s RTTT that must go to “Participating LEAs” based on the Title I Part A formula.
However, your district would benefit from the state-level initiatives intended to support all districts
which are to be funded from the other 50% of the State grant (e.g., an enhanced data system,
expanded formative and summative assessments, optional curriculum frameworks, and professional
development opportunities with colleagues from around the state). In addition, the State plans to use

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a portion of this other 50% of the funds to issue competitive RFPs for which your district may submit
proposals for funding.

37. What are the restrictions on how RTTT funding can be used?

RTTT funding may only be used to support the initiatives contained in the State Plan.

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