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August 17, 2022 Melisa Marie Schultz Primrose School of Apple Valley 15455 Embry Path Apple Valley, MN 55124 License Number: 1079346 (Child Care Ctr) Program Location: 15455 Embry Path, Apple Valley, MN 55124 Dear Melisa Marie Schultz: 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 December 8, 2021. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 1. Electrical outlets were not tamper-proof or shielded. Private Pre-Kindergarten (4-5 years old) (Preschool classroom) and Private Pre-Kindergarten 2 (4-5 year olds ) (Preschool classroom) A string of holiday lights is plugged into an outlet in the circle time area. Each end of the cord of the lights has an uncovered outlet exposed. Your Response. You stated that the only exposed outlets in the building were the two outlets from the lights that you removed the lights immediately following inspection, and that you will no longer allow teachers to display lights. Applicable Law. Except in a center that serves only school-age children, electrical outlets must be tamper proof or shielded when not in use. Minnesota Rules, part 9503.0155, subpart 11.
Reconsideration Determination. DHS appreciates your timely handling of the situation in removing the unprotected outlets from potential exposure to children. However, it remains undisputed that there were two unshielded and non-tamper-proof outlets in classrooms during the licensing visit. As such, there is sufficient evidence to support the violation, and Citation 1 is affirmed. Citation 2. The program did not have documentation on site to show that 1 of 5 (SP2) staff persons met the: education requirements of the teacher job classification for which the staff person was employed (SP2); and experience requirements of the teacher job classification for which the staff person was employed (SP2). Your Response. You stated that DHS licensors previously filled out the staff role during past licensing visits as opposed to Primrose School of Apple Valley internally assigning positions to staff persons. You stated that SP2’s transcripts showed that SP2 had received 29 credit hours, was enrolled in 15 additional credit hours, and had 1,650 hours of experience when she was hired. You also stated that, despite being listed as “AT v. T”, the staff person in question was always treated as an assistant teacher, as well as that DHS has since approved for a variance that allows SP2 to serve as lead teacher, and you will clarify roles of staff persons moving forward. 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 stated that SP2 was only used as assistant teacher, in SP2’s record, both the Personnel Information Form (PIF) and the Summary of Personnel Information state that SP2’s position at the center was a teacher. Additionally, staffing patterns are used to determine staffing distribution requirements, and are not used for qualification documentation. However, even if While you indicate the in the past you relied on DHS licensors to verify staff qualifications, it is the license holder’s responsibility to maintain a record containing documentation that each staff person meets the requirements of their jobs, including education and experience requirements. SP2 was working for several months prior to the licensing visit. The documentation in SP2’s record state that she was a teacher. The documentation in SP2’s record showed only 13 credit hours of approved courses and 1,650 hours of experience, which is below the minimum teacher education and experience qualification requirements. By assigning SP2 as “AT vs. T”, the licensor interpreted that you use SP2 as an assistant teacher in one classroom but a teacher in another, and measured SP2’s qualifications to the stricter teacher level. With only 13 hours of approved credits and 1,650 hours of experience, SP2 Although you have since received a variance allowing for SP2 to be a teacher, the variance was not in place at the time of the licensing visit. There is sufficient evidence to support the violation, and Citation 2 is upheld. Citation 3. The program did not comply with abusive head trauma training requirements. The training on abusive head trauma for 1 of 5 (SP1) individuals (director, staff persons, substitutes, or unsupervised volunteers) was not completed before caring for children under school age. Your Response. You stated that SP1 was trained on September 9, 2020 at her previous job, where she served as a teacher at a DHS licensed child care center, and her training was still valid for one year. Applicable Law. Before caring for children under school age, the director, staff persons, substitutes, and unsupervised volunteers must receive training on the risk of abusive head trauma during orientation and each calendar year thereafter. Minnesota Statutes, section 245A.40, subdivision 5a, paragraph (a). All training must be documented and maintained on site in each personnel record. Minnesota Statutes, section 245A.40, subdivision 10. Reconsideration Determination. In your reconsideration request, you provided documentation that SP1 received abusive head trauma training at her previous job. This documentation was not in the SP1’s record at the time of the licensing visit, nor was it otherwise made available to the licensor during the visit. During the licensing visit, the only available documentation regarding SP1’s abusive head trauma training indicated that SP1 received the training on September 3, 2021, three days after beginning to care for children at Primrose School of Apple Valley. SP1 was required to receive the training, and documentation kept in the staff record, prior to caring for children under school age. At the time of the licensing visit, you did not have documentation of that SP1 received abusive head trauma training prior to caring for children under school age, as such, 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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