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September 12, 2022 Mary J. Lockhart-Findling, Authorized Agent Willmar Head Start 101 Vesta St South, PO Box 36 Cosmos, MN 56228 License Number: 1102775 (Child Care Ctr) Program Location: 1311 Highway 71 NE, Willmar, MN 56201-2174 Dear Mary J. Lockhart-Findling: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citation 2 from the Correction Order issued to you by the Department of Human Services on December 15, 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 2. The program did not have documentation on site to show that 1 of 1 (SP5) staff persons met the: • education requirements of the assistant teacher job classification for which the staff person was employed (SP5); and • experience requirements of the assistant teacher job classification for which the staff person was employed (SP5). Your Response. You stated that the staff person was an aide and that the citation was in error, and that this was explained to the licensor during the exit interview. Applicable Law. An assistant teacher must have the required combination of education and experience according to Minnesota Rules, part 9503.0033, 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. In this case, the SP is employed as an aide, and not as an assistant teacher. The site director mistakenly listed the staff person as an assistance teacher instead of an aide. The program did raise this issue in the exit interview. The evidence does not support the violation, and Citation 2 is rescinded. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citations 2 is not supported by the record and rescinded. 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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