Earlier this year, the U.S. Department of Education announced the Race To The Top (“RT3”) grant program that will provide $4.35 billion in competitive grant money to approximately a dozen states prepared to take dramatic steps to improve public education. In order to complete its application and be awarded approximately $400 million of the grant funds, the State of Illinois has asked school districts to sign a Memorandum of Understanding (MoU) and return it to the Illinois State Board of Education by January 11, 2010.
The MoU identifies mandatory requirements, funding priority commitments, optional programs and opportunities, and assurances to be made by each local school district. Such commitments are detailed in two exhibits. The District Superintendent’s and School Board President’s signature on the MoU, Exhibit I, is mandatory; the signatures of the Local Teachers’ Union President are requested, but not mandatory. All three signatures are required for participation by eligible school districts on the MoU, Exhibit II. To date, we have been informed that the IEA and IFT are directing their local union leaders to not sign the MoU. The question remains, should you sign it?
There is no single best answer to this question; each school district must weigh the educational, labor relational, political and financial pros and cons of signing the MoU. The one fact that is undisputed is ISBE’s strong belief that Illinois could match the educational attainment of the highest performing states and foreign countries, and dramatically narrow the achievement gap of Illinois students, if it were to receive one of the RT3 grants. Beyond that fact, specific outcomes and benefits of signing the MoU are not clearly known.
With respect to finances, it is our understanding that if Illinois is one of the recipients of the grant, 50% of the money (approximately $200 million) will be given to ISBE. Chicago Public Schools are targeted to receive $112 million; the remaining $88 million will be divided among the remaining Illinois participating school districts using a Title I based formula. Priority will be given to school districts with the lowest socio-economic levels and the lowest academic achievement that commit and execute Exhibits I and II. Some estimate that a typical participating school district might receive anywhere from $15,000 to $50,000 from the grant.
It is also unknown whether the actual costs to implement the mandates of RT3 will exceed the grant monies received by any one district. Districts that are already implementing the types of changes mandated by RT3 may consider becoming a participating LEA to recoup some of the monies that those Districts are already incurring. Beware, however, that the RT3 funds cannot supplant state aid; the funds must only be used for the specific purposes set forth in the grant.
Another concern is the possibility that school districts that do not participate will nonetheless be required to meet certain yet-to-be-enacted federal and state mandates. For example, the Illinois Learning Standards are being revised, and each school district will be expected to align their curriculum to the revised standards. Rumors abound that the General Assembly will enact new legislation that will overhaul how teachers and principals are currently evaluated in Illinois. All school districts would be subject to such legislative actions regardless of their participation as a RT3 school district. This fact might weigh in favor of signing on to participate in RT3. Yet, because most of the proposed legislative and regulatory changes contained in Illinois’ RT3 plan are merely conceptual at this point, we cannot point to those changes as a key justification for participating in RT3.
A significant area of concern involves labor relations; and if and how commitments made pursuant to the MoU might impact negotiated labor contract provisions. What if the participating Districts were unable, despite their best efforts, to negotiate requirements of RT3? Would the school district lose its grant money? Would they be subject to additional penalties by the State and/or federal governments? Districts risk challenges from the unions just for signing the MoU (although we do not believe that signing the MoU alone would jeopardize any labor laws or contracts), and risk grievances and/or unfair labor practice charges related to the actions mandated by RT3.
A final concern – which is the most immediate legal concern -- relates to a school district’s ability to alleviate its obligations under RT3 should the District sign the MoU and later decide not to participate. While ISBE is of the opinion that a school district could sign the MoU now, and decide to opt out at a later date if Illinois is a recipient of the RT3 grant, there is no written assurance of that opinion from the federal Department of Education.
In the meantime, if you have any questions regarding your specific District’s situation and whether it should sign the MoU, please contact Maureen Lemon or Robb Cooper at (630) 682-0085.
