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April 5, 2023 Rachel Jee Crowley, Authorized Agent Tierra Encantada - Rochester Inc. 2700 30TH AVE S Minneapolis, MN 55406-1606 License Number: 1110734 (Child Care Ctr) Program Location: 3805 CASCADE CREEK RD NW, Rochester, MN 55901-0000 Dear Rachel Jee Crowley: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citation 1 from the Correction Order issued to you by the Department of Human Services on August 8, 2022. You did not request reconsideration of any other citation, therefore, those citations are final and not subject to review SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 1. Staff distribution requirements were not maintained. A teacher or assistant teacher did not directly supervise an aide. · Two aide qualified staff persons were supervising 14 preschoolers. (A Preschool: Preschool classroom) · Two aide qualified staff persons were supervising six infants. (B Infants: Infant classroom) · Two aide qualified staff persons were supervising eight infants. (C infants: Infant classroom) · Your Response. You stated that the program was using substitute teachers per Rule 3, and provided a copy of an unqualified substitute report. Applicable Law. The first staff member needed to meet the required staff-to-child ratio must be a teacher. Minnesota Rules, part 9503.0040, subpart 2, item D(1). Pursuant to Minnesota Rules, part 9503.0034, subpart 3, a license holder may use substitutes who do not meet the qualifications for teacher or assistant teacher in part 9503.0033, subpart 2, only if: A. the amount of unqualified substitute hours per center per calendar year does not exceed 40 hours multiplied by the number of the center's full-time teacher and assistant teacher positions; B. unqualified substitutes are not used as teachers or assistant teachers for more than ten consecutive working days for the same group of children per calendar year; and C. there is always a person qualified as a teacher present within the center except as qualified in part 9503.0040, subpart 2, item B. Reconsideration Determination. You did not dispute that at the time of the site visit there were only aide qualified staff persons in the Preschool A, Infant B, or Infant C classrooms. Nor do you dispute that a teacher or assistant teacher was required in those classrooms. Your request for reconsideration is based on your assertion that, at the time the DHS observed the aides in those classrooms, the program had an unqualified substitute teacher in each of those classrooms. However, the unqualified substitute report you provided only identified unqualified substitutes in the Preschool A, Infant A, and Toddler A classrooms. The cited classrooms were Preschool A, Infant B, and Infant C – the unqualified substitute report does not address the Infant B and Infant C classrooms. Even if the unqualified substitute report properly included staff for the Infant B and Infant C classrooms, there is not sufficient evidence in the record indicating that the aides were designated as unqualified substitutes at the time of the licensing visit. At no point during the licensing visit did any staff person indicate that any of the aides were designated as unqualified substitutes. Further, even after the DHS licensor noted the issue during the exit interview, neither the center’s director nor corporate representative indicated that any aide was designated an unqualified substitute, nor did they provide the licensor with an unqualified substitute report during the licensing visit. The record supports the citation, and it is affirmed. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citation 1 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
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