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July 21, 2022 Zamzam Yusuf Mumin, Authorized Agent Solar Academy Inc 1274 Marion Rd SE Rochester, MN 55904-6724 License Number: 1064021 (Child Care Ctr) Program Location: 1274 Marion Rd SE, Rochester, MN 55904 Dear Zamzam Yusuf Mumin: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citations 1, 2, and 3 from the Correction Order issued to you by the Department of Human Services on October 12, 2021. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 1. Menus did not comply with the nutritional requirements of the United States Department of Agriculture (USDA). Menus did not include at least one whole grain rich food per day. Your Response. You stated that you believe your menus meet the requirements of the USDA and attached your menu to the reconsideration request. Applicable Law. When food is provided by the license holder, menus must comply with the nutritional requirements of the United States Department of Agriculture, Food and Nutrition Service, Code of Federal Regulations, title 7, section 226.20. Minnesota Rules, part 9503.0145, subpart 2. At least one serving per day, across all eating occasions of bread, cereals, and grains, must be whole grain-rich. Code of Federal Regulations, title 7, section 226.20
Reconsideration Determination. At least one serving per day, across all eating occasions of bread, cereals, and grains, must be whole grain-rich. There are days in the menu where the menu does not contain whole grain-rich food. Some of the meals included in the menus you provided to DHS include “enriched buns” and “enriched crusts” instead of whole grain options. Whole grain-rich is not the same as enriched grain, and the two are distinguished in the USDA requirements. There is sufficient evidence to support the violation, and Citation 1 is affirmed. Citation 2. The DHS licensor observed that hazardous objects were accessible to children. · There was a plastic bag in the infant cubby space. · There were three plastic bags in the toddler cubby space. · There were two plastic bags hanging in the preschool cubbies. Your Response. You stated that the plastic bags contained soiled clothing and were stored in the cubbies for parents to take home at the end of the day, and that keeping the bags in the cubbies did not present a danger to the children. Applicable Law. Sharp objects, medicines, plastic bags, and poisonous plants and chemicals, including household supplies, must be stored out of reach of children. Minnesota Rules, part 9503.0140, subpart 17. Additionally, licensed child care centers are statutorily required to develop risk reduction plans, which, among other safety aspects, must prohibit the accessibility of hazardous items to children. Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e).
Reconsideration Determination. Plastic bags must be stored out of reach of children. The Commissioner appreciates that some of the plastic bags were holding soiled clothes for parents to later take home. The licensor also observed that some of the plastic bags were storing diapers and clean clothing. However, plastic bags must still must be stored out of reach of children. In this case, the there is sufficient evidence to support the finding that plastic bags were stored within reach of children, and Citation 2 is affirmed. Citation 3. The program did not provide the children access to interest areas on a daily basis. Children were not provided daily access to a: creative arts and crafts interest area (toddler classroom); and science interest area (school age). Your Response. You stated that your toddlers have daily arts and crafts time in which the children have access to the art supplies which are otherwise stored in a cupboard when not in use. You also stated that you have a “Think Like a Scientist” wall along with a microscope in the school age classroom. Applicable Law. A child care program that operates for more than three hours a day must provide daily access to interest areas of the center that are supplied with the equipment and materials needed to carry out the activities specified, including creative arts and crafts and sciences. Minnesota Rules, part 9503.0045, subpart 2.
Reconsideration Determination. The arts and crafts interest area must be accessible to children every day. Having art and crafts supplies kept in a cabinet inaccessible to children except for with staff assistance does not meet the requirements of having an arts and crafts interest area. Similarly, the “Think Like a Scientist Wall” comprised of science related wall décor that states the scientific method but provides more decoration than science related activities or immersion. In addition, the sole microscope was stored in a cabinet and was inaccessible to children without staff assistance. The interest areas must contain equipment and materials necessary to carry out the activities related to the specific interest. Those equipment and material must be accessible to children without staff assistance. Neither the science interest area nor arts and crafts interest area had sufficient equipment and supplies related to the interest that were accessible to children without staff intervention. There is sufficient evidence to support the violation, and Citation 3 is upheld. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citations 1, 2, and 3 are supported by the record and affirmed. This is a final agency decision. The Commissioner appreciates your response and encourages you to continue to work cooperatively with your licensor to ensure the safety and well-being of the children you serve. Sincerely,  Afsheen Foroozan, Attorney Legal Counsel’s Office Office of Inspector General
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