MEMORANDUM OF UNDERSTANDING BETWEEN THE MINNESOTA DEPARTMENT OF EDUCATION OF THE UNITED STATES OF AMERICA AND THE SECRETARIAT OF FOREIGN AFFAIRS AND THE SECRETARIAT OF PUBLIC EDUCATION OF THE UNITED MEXICAN STATES The Minnesota Department of Education (MDE) of the United States of America and the Secretariat of Foreign Affairs (SRE), through the Institute of Mexicans Abroad (IME), and Secretariat of Public Education (SEP) of the United Mexican States, hereinafter referred to as the Parties; IN ACCORDANCE WITH the precepts of the Memorandum of Understanding on Education between the Government of Mexico and the Government of the United States of America, signed in the city of Washington, D.C. on August 8 th, 1990, have agreed the following: ARTICLE I Objectives The Parties have established as the main objectives of this Memorandum of Understanding, the improvement of the quality and extent of the teaching of academic content in Spanish immersion programs and the promotion of cultural understanding with families of the State of Minnesota, through the following activities: a) Initiating a Visiting Mexican Teachers Program (hereinafter the Program ) for Spanish immersion and bilingual programs in Minnesota to teach academic content in Spanish. The Mexican teachers should have the necessary capacity and experience to teach subject areas such as mathematics, natural sciences, reading, humanities, social sciences, history, and Spanish language, and other subjects, as may be deemed necessary by the MDE; b) strengthening the bilateral, educational, and cultural cooperation between the MDE and the SEP, as well as the mutual understanding and respect between the communities of the State of Minnesota and the United Mexican States; c) promoting summer educational and cultural courses in Mexico for teachers from the school districts of the State of Minnesota; d) strengthening the linguistic and academic development, the knowledge of Mexican history, culture, values, and traditions of Spanish speaking students and other participants involved with Spanish immersion and bilingual programs in the State of Minnesota; e) fostering knowledge and appreciation of the histories, cultures, values and traditions which are unique to and that are shared by the two communities; 1
f) establishing adequate mechanisms for the fulfillment of joint projects to improve the quality of educational personnel; g) fostering permanent communication and support between the MDE and Mexican teachers through the Consulate of Mexico in Saint Paul, Minnesota; h) contributing to the enrichment of the linguistic competencies of Minnesota students at the preschool, elementary, middle and high school levels, and i) promoting the development of mutual knowledge of both educational systems. ARTICLE II Visiting Teacher Program Cooperative Activities The basic means of cooperation between the SEP and the MDE will be implemented through a Visiting Teacher Program. For the attainment of the objectives in this Memorandum of Understanding, the Parties will carry out the following activities of cooperation: a) Establish the Program to work in Minnesota immersion and bilingual education programs. Visiting Mexican teachers should be knowledgeable of (or trained in) second language acquisition in immersion and bilingual programs, as well as trained in teaching content areas such as mathematics, natural sciences, reading, humanities, social sciences, history, Spanish language and other subjects, as deemed necessary by the MDE; b) coordinate with the SEP s General Direction of International Relations the dates and location of the selection process and English evaluation of the visiting Mexican teachers that will be carried out in Mexico; c) select the teachers from Mexico qualified to teach in Spanish immersion and bilingual programs, with the possibility to be hired by the Minnesota school districts under local contract to teach in preschool, elementary, middle and high school classrooms in Minnesota schools; d) promote with the MDE the assignment of teachers from Mexico, as required by each school district, who are qualified to teach in Spanish immersion and bilingual programs; e) invite Minnesota school districts to learn about the Program and review applications of those who wish to participate each year; f) support activities that allow the visiting teachers to learn about pedagogical innovations and methods that enrich different areas of teaching, as well as participation in professional development trainings, and 2
g) consider teachers in the Program to be visiting teachers, who will be involved in the educational system of the State of Minnesota, according to the following paragraphs of this Memorandum of Understanding. ARTICLE III Specific Actions of Cooperation of Each Party for the Visiting Teacher Program 1. The SEP will carry out the following activities: a) Publicize the call for applications of the Program to recruit teacher candidates for the pool of visiting teacher candidates; implement the pre-selection process of those who have the basic academic and professional requirements and experience; and collaborate in the selection process; b) carry out an evaluation and validation of the credentials of each prospective candidate, and provide the MDE with documentation of all such teaching credential information and teacher resumes; c) grant leave-of-absence licenses for up to three (3) years without pay to the visiting teachers selected for the Program, with the understanding that participating teachers are committed to returning to the Mexican educational system once their participation in the Program has concluded; d) assign an educational liaison to the MDE who will ensure the timely fulfillment of commitments of the SEP, including without limitation: i. coordination of logistics in terms of arranging the interview process for the MDE s representative or school personnel who will be screening the English language proficiency of prospective participants of the Program ; ii. assisting with and assuring that Mexican teachers selected to participate in the Program have definite lodging, food, local transportation, utilities and other necessary living arrangements made prior to their arrival in Minnesota, in collaboration with school districts as mentioned in article III, section 2, subsection J, point iii of this Memorandum of Understanding. 2. The MDE will carry out the following activities: a) annually determine which schools districts will participate in the Program as to extend offers of employment to the international visiting teachers; b) determine, in collaboration with the selected Minnesota school districts, the number of visiting teachers to be hired by each school district; i. annually publicize the call for the Program and application deadline for schools wishing to participate in the Program. 3
c) review and provide feedback to schools regarding their application to participate in inviting and hiring a teacher through the Program ; d) provide the SEP annually, if openings are available, a total number of potential openings for Mexicans teachers, along with the teaching assignments requested by each school district, the salary and other financial information related to the teaching position; e) designate representatives to evaluate the English language proficiency and the ability of prospective visiting teachers to teach in the schools of the State of Minnesota; f) facilitate the licensure process required by the State of Minnesota, to ensure that visiting teachers obtain the professional permission necessary to teach in Minnesota public schools; g) assist the selected Mexican teachers in obtaining visas and authorizations from the State Department in order to participate in the State Department approved Minnesota Visiting Teachers Program; h) provide the names of the teachers, school districts and schools selected to the Program to SEP s General Direction of International Relations and the Consulate of Mexico in Saint Paul, Minnesota; i) confirm that the selected teachers meet the insurance requirements designated for the J-1 Visa, and j) disseminate and provide information to school districts regarding the terms and parameters of this Memorandum of Understanding, and use its best efforts to assist school districts with guidance on the following: i. recruiting the participating teachers for the Program ; ii. iii. iv. ensuring that the salaries for the visiting Mexican teachers are in accordance with the approved salary schedules of negotiated union contracts, where applicable; ensuring and verifying that school districts have provided and/or arranged for housing, food, local transportation and necessary resources for visiting teachers upon arrival in Minnesota. Homestay situations for teachers will conform to State of Minnesota guidelines and J1 rules; requiring school districts to clearly explain and review the terms of the contract to the visiting teacher(s), including amount of pay, pay schedule and position description; v. assure that the criteria of the J1 teachers exchange are met; vi. provide, jointly with the Consulate of Mexico in Saint Paul, a general orientation on the State of Minnesota, and 4
vii. appoint a person to act as liaison with the SEP. 3. The MDE will ensure that the Hiring School will carry out the following activities: a) assigning participating teachers, upon arrival to the assigned school district, an advisor to assist the teacher in making all the necessary living arrangements, as well as other services related to their relocation, such as obtaining social security numbers, bank accounts, and other necessary documentation, transportation and provide any other type of assistance as the advisor deems appropriate; b) providing/arranging for housing, food, local transportation and necessary resources for visiting teachers upon arrival to Minnesota. Homestay situations for teachers for the Program will conform to Minnesota guidelines and J1 rules; c) allowing visiting teachers to participate in all activities for professional development that the school district offers to other similarly situated employees; d) evaluating the teacher, annually, as agreed upon union contracts, where applicable; e) providing participating Mexican teachers in the Program medical insurance and additional benefits offered by the school district, in accordance with the approved negotiated union contracts; f) completing and submitting to the MDE an annual report outlining and evaluating all Program activities in the school district; g) providing the total number of openings, if available, (for Mexican teachers who may receive a contract) as well as the names of the schools in the district that will participate and hire teachers for the Program ; and h) provide joint opportunities to participate in the cultural life of the community and school. ARTICLE IV Summer Courses in Mexico The Parties will work together to implement and offer a summer course program in Mexico for visiting teachers from Minnesota. The Program will allow them to take summer courses for up to six weeks on Spanish and Mexican culture and traditions. The SEP will offer the MDE the proposal of courses and institutions. The details of the program referred in this article will be negotiated separately from this Memorandum of Understanding. 5
ARTICLE V Evaluation Representatives of the SEP and the MDE will conduct an annual evaluation on the implementation of the Program and will develop a report that will include, among other topics, proposals for improvement. The resulting information from this report, in conjunction with information from the annual school district reports, will be used to inform the completion of the Program report due annually to the Department of State of the United States of America. ARTICLE VI Resolving Controversies Any difference derived from interpretation, application or execution of this Memorandum of Understanding will be resolved by the Parties through written agreement and by their chosen representatives. ARTICLE VII Expenses and Costs The financial contributions required for the execution of the activities that the present Memorandum of Understanding refers to, will be subject to the budgetary availability of funds for both Parties. Neither Party will be responsible for the expenses of the Other, except as described in this Memorandum of Understanding. ARTICLE VIII Final Provisions This Memorandum of Understanding shall enter into force from the date of its signature and shall remain in force for a three (3) year period. It shall be automatically renewed for two periods of one (1) year each after the initial term of three years for a total term of five years. Either Party may terminate this Memorandum of Understanding at any time by providing six (6) months written notice of its intent to terminate the Memorandum of Understanding to the other Party. During the term of the Memorandum of Understanding, the Parties may modify it by written agreement, specifying the date of the entry into force of such modifications. Likewise, the Parties may amend this Memorandum of Understanding, at any time, through written agreement. Any such modification will take effect on the date of execution. The anticipated termination of this Memorandum of Understanding shall not affect the conclusion of the activities of cooperation initiated while it was in force. 6
Signed in Mexico City on of 2014 and in Saint Paul, Minnesota, United States of America, on of 2014, on two original texts in the English and Spanish languages, both texts being equally valid. FOR THE DEPARTMENT OF EDUCATION OF THE STATE OF MINNESOTA, UNITED STATES OF AMERICA FOR THE SECRETARIAT OF PUBLIC EDUCATION OF THE UNITED MEXICAN STATES Dr. Brenda Cassellius Education Commissioner Emb. María del Socorro Rovirosa Priego Comisionada de Educación FOR THE SECRETARIAT OF FOREIGN AFFAIRS OF THE UNITED MEXICAN STATES Mtro. Alberto Fierro Garza Consul of Mexico Saint Paul, Minnesota HONOR WITNESS Ernesto De Lucas Hopkins Director, Institute of Mexicans Abroad 7