|
August 4, 2022 Rachel Jee Crowley, Authorized Agent Tierra Encantada Seward 4008 Minnehaha Ave Minneapolis, MN 55406-1606 License Number: 1099497 (Child Care Ctr) Program Location: 2504 35th Ave S, Minneapolis, MN 55406 Dear Rachel Jee Crowley: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citation 3 from the Correction Order issued to you by the Department of Human Services on September 28, 2021. You did not request reconsideration of the remaining citations, and, as a result, those citations are final and not subject to review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION: Citation 3. The program did not have documentation on site to show that 1 of 6 (SP2) staff persons met the experience requirements of the teacher job classification for which the staff person was employed (SP2). Your Response. You stated that SP2 was used as an assistant teacher in the toddler program to meet proper distribution requirements, and that you accidentally marked SP2’s teacher qualification in the wrong category. Applicable Law. A teacher must have the required combination of education and experience according to Minnesota Rules, part 9503.0032, subpart 2. The license holder must ensure that a personnel record for each staff person is maintained at the center. The personnel record for each staff person must contain . . . the staff person’s documentation indicating that the staff person meets the requirements of the staff person’s job position and the education and experience requirements specified in parts 9503.0031 to 9503.0034. Minnesota Rules, part 9503.0120, item B.
Reconsideration Determination. While you state that you simply accidentally marked a “T” for SP2 in the staffing patterns form, the record demonstrates that SP2 was hired as a lead teacher. The personnel information form for SP2 states that she was hired as a lead teacher on August 26, 2021. You hired SP2 for a teacher position despite SP2 not having any listed prior experience hours, and did not request a variance for SP2 to accommodate the lack of required experience. While SP2 may have been used as an assistant teacher, the citation was not issued based on proper distribution regarding staffing patterns. The citation was issued based on not having documentation demonstrating that SP2 meets the requirements for her position, and there is sufficient evidence to support the violation. Citation 3 is affirmed. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citations 3 is 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
|
