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September 13, 2022 Lauren Elizabeth Jordan, Authorized Agent Big Adventures Academy 128 154th Dr. NW Elk River, MN 55330-7811 License Number: 1109771 (Child Care Ctr) Program Location: 8019 146th Avenue NW, Suite 105, Ramsey, MN 55303 Report Number: 202109065 Dear Lauren Elizabeth Jordan: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citations 1 and 2 from the Correction Order issued to you by the Department of Human Services on March 2, 2022. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 1. The required staff-to-child ratios were not maintained. According to a conversation with an administrative staff person, at morning arrival eight children aged toddlers through school age are combined in the Pathfinders classroom with one teacher present. The staff-to-child ratios need to be applied for the youngest child present. Your Response. You stated that the only times the center goes above the toddler ratio of 1:7 is in the mornings when children arrive before their expected arrival time. You also updated staffing schedules to accommodate for any children arriving earlier than their typical arrival times. Applicable Law. Except as provided in subpart 2, the minimally acceptable staff-to-child ratios and the maximum group size within each age category are: Age Category Minimum Staff:Child Ratio Maximum Group Size Infant 1:4 8 Toddler 1:7 14 Preschooler 1:10 20 School-age child 1:15 30 Minnesota Rules 9503.0040, subpart 1.
Reconsideration Determination. The center exceeded the toddler ratio of one staff person for every seven children. The staff-to-child ratios must be maintained at all times. In your request for reconsideration, you acknowledged that center exceeded the ratio that morning. The Commissioner appreciates your efforts to adjust staff schedules in order to adhere to this requirement. However, there is sufficient evidence to support the violation, and Citation 1 is affirmed. Citation 2. Staff distribution requirements were not maintained. According to a conversation with an administrative staff person, at morning drop-off, eight children aged toddlers through school age are combined in the Pathfinders classroom with one teacher present. The staff distribution for the age category of the youngest child present needs to be applied. Your Response. You stated that it is unfair to receive two citations for the same violation. You also acknowledged that you adjusted staff schedules to accommodate for early child arrivals. Applicable Law. The license holder must ensure that the following requirements for staff distribution are met and a written staff distribution record is kept in the administrative record. A. Only a staff person who is qualified as a teacher, assistant teacher, or aide and who works directly with children can be counted in meeting the staff-to-child ratios. B. An assistant teacher may be substituted for a teacher during morning arrival and afternoon departure times if the total arrival and departure time does not exceed 25 percent of the center's daily hours of operation. C. The maximum group size applies at all times except during meals, outdoor activities, field trips, naps and rest, and special activities such as films, guest speakers, and holiday programs. D. Except as provided in item B, staff distribution within each age category must follow the pattern in subitems (1) to (4). (1) The first staff member needed to meet the required staff-to-child ratio must be a teacher. (2) The second staff member must have at least the qualifications of a child care aide. (3) The third staff member must have at least the qualifications of an assistant teacher. (4) The fourth staff member must have at least the qualifications of a child care aide. The pattern in subitems (1) to (4) must be repeated until the number of staff needed to meet the staff-to-child ratio for each age category has been achieved.
Minnesota Rules 9503.0040, subpart 2.
Reconsideration Determination. Minnesota Rules require staff distribution to be maintained according to staff to child ratios. Here, when there are more than seven toddlers, the center is required to have an additional staff person supervising the children. The additional staff person was required to have at least the qualifications of a child care aide. Because there was only one staff person supervising more than seven toddlers, the distribution requirements were not met. The Commissioner appreciates that this violation stems from the same incident as Citation 1, however, staff distribution is a separate requirement than maintaining the staff-to-child ratio. There is sufficient evidence to support the violation, and Citation 2 is affirmed. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citations 1 and 2 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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