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December 19, 2022 Shonali Seneriratne Harrison, Authorized Agent Eden Prairie Montessori South Inc 7455 MARKET PLACE DR Eden Prairie, MN 55344 RE: Request for Reconsideration of Correction Order License Number: 1088544 (CCC) Program Location: 8098 Glen Lane, Eden Prairie, MN 55344 Dear Shonali Seneriratne Harrison: 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 May 24, 2022. Your request was forwarded to the Department of Human Services - Division of Licensing, and received on June 14, 2022. The request and accompanying information has been reviewed by the Commissioner of Human Services (Commissioner). SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 2: The required in-service training had not been completed for 4 of 4 (SP1, SP2, SP6 and SP7) individuals (director, staff persons, substitutes, or unsupervised volunteers) for the previous concluded calendar year. In-service training did not include: • training on cultural dynamics every two years as required by Minnesota Statutes, section 245A.40, subdivision 7 (4) (SP1, SP2, SP6 and SP7); and • training on disabilities every two years as required by Minnesota Statutes, section 245A.40, subdivision 7 (5) (SP1, SP2 and SP7). Your Response: In your request for reconsideration, you argue that there is no written rule that the listed trainings must be completed by a new employee within the calendar year they are hired. You point out that for the trainings referenced in the citation, the In-Service Training Record form states “Training topics to be completed every other calendar year.” You also indicate that for each of the trainings referenced in the citation, Minnesota Statutes 245A.40, subd. 7 requires in-service training to be completed once every two calendar years. You did not dispute Citation 2 with regards to SP6 and SP7. Applicable Law: Pursuant to Minnesota Statutes, section 245A.40, subdivision 7, paragraph (a), a license holder must ensure that the center director, staff persons, substitutes, and unsupervised volunteers complete in-service training each calendar year. Paragraph (f) of the same statute requires that at least once every two calendar years, the in-service training must include: (1) child development and learning training under subdivision 2; (2) pediatric first aid that meets the requirements of subdivision 3; (3) pediatric cardiopulmonary resuscitation training that meets the requirements of subdivision 4; (4) cultural dynamics training to increase awareness of cultural differences; and (5) disabilities training to increase awareness of differing abilities of children. Determination on Reconsideration: In Citation 2 of the Correction Order, the DHS licensor identified of four (4) instances where four (4) individuals did not complete in-service training on cultural dynamics. The DHS licensor also identified four instances where four (4) individuals did not complete in-service training on disabilities. Any one (1) of these eight (8) total violations, if proven by a preponderance of the evidence, may support Citation 2 in this Correction Order independent of the other seven (7) violations. The Commissioner finds that no violation occurred regarding SP1 and SP2 for purposes of Citation 2. Minnesota Statutes, section 245A.40, subdivision 7, paragraph (f) states that in-service training for cultural dynamics and disabilities must be included “[a]t least once every two calendar years. The statute is silent on how soon the center director, staff persons, substitutes, and unsupervised volunteers must complete these trainings after being hired.1 As such, Minnesota Statutes, section 245A.40, subdivision 7, requires all of the trainings listed in paragraph (f) to be completed within the first two (2) calendar years of employment. Personnel Information Forms in the record indicate SP1 was hired on August 9, 2021, and SP2 was hired on June 1, 2021. As such, SP1 and SP2 still had time left to complete their in-service training for cultural dynamics and disabilities at the time the Correction Order was issued, and Citation 2 is rescinded as to SP1 and SP2. You did not dispute the citation with regards to SP6 and SP7. In addition, Personnel Information Forms indicate that SP6 was hired on October 9, 2017, and SP7 was hired on May 7, 2014. Neither SP6 nor SP7’s Yearly In-Service Training Record indicated that they completed Cultural Dynamics and Disabilities training within the previous two years at the time of the licensing review. Therefore, there is sufficient evidence to support this violation, and Citation 2 is affirmed. Disposition: The Commissioner has reviewed your request for reconsideration and all information submitted by you and by your licensor. The Commissioner finds there is insufficient evidence to support Citation 2 with regards to SP1 and SP2, and it is rescinded in part as it relates to SP1 and SP2. The Commissioner finds there is sufficient evidence to support Citation 2 based solely on the in-service training records of SP6 and SP7, and it is affirmed. This is a final agency decision. The Commissioner encourages you to continue to work cooperatively with your licensor to ensure the safety and well-being of the children you serve. If you have any questions regarding this letter, please contact Vaughn Frazher at 651-431-5600. Sincerely,  Afsheen Foroozan, Attorney Legal Counsel’s Office Office of Inspector General 11 Subdivision 2 of the same statute, however, does make a point to require the same individuals mentioned above to complete child development and learning training within the first ninety (90) days of employment. While a similar statute on child passenger restraint systems requires trainings at least once every five (5) years, that same statute explicitly requires the training to be complete before a license holder, staff person, caregiver, or helper can transports a child or children under age nine (9) in a motor vehicle. (See Minnesota Statutes 245A.18, subdivision 2, paragraphs (b) and (c)).
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