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July 27, 2023 Kylie Schrader, Authorized Agent Sonnet Montessori & Child Care 8137 Rhode Island Circle Bloomington, MN 55438-1152 License Number: 1110511 (Child Care Center) Program Location: 19955 Idealic Avenue, Lakeville, MN 55044-2003
Dear Kylie Schrader: On February 21, 2023, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of the citation in the Correction Order (Attachment A) issued to you by the Department of Human Services on January 30, 2023. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: The program did not have documentation on site to show that 1 of 2 (SP6) staff persons met the education requirements of the teacher job classification for which the staff person was employed (SP6). The staff person’s variance to be a teacher expired on June 1, 2022. (SP6) Request for Reconsideration. You indicated that on the day of the licensing visit, all staffing requirements were met and that SP6 was not on schedule during the time of the licensing visit due to an extended leave of absence. You indicated the expired variance did not affect the classroom staffing and that the classroom was in compliance. Applicable Law. Under Minnesota Rules, part 9503.0032, subpart 2, sets out the requirements for teacher education and experience requirements. Under Minnesota Rules, part 9503.0120, item B, the license holder must ensure that a personnel record for each staff person is maintained at the center, and 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. Reconsideration Determination. Although the staffing requirements for the classroom may have been met on the date of the licensing visit, the citation was not related to staff distribution, You acknowledge that SP6’s variance had expired. SP6 did not meet the education requirements of the teacher job classification for which they were employed, which was a violation of the rule. As a result, there is sufficient evidence to support the citation, and it is affirmed. Disposition: The Commissioner has reviewed the request for reconsideration and all the information submitted in response to the correction order. The Commissioner finds there is sufficient evidence to support the citation, and it is affirmed. This is a final agency decision. Previously Ordered Corrective Action: In the Correction Order issued on January 30, 2023, you were ordered to correct the violation cited and submit documentation of such action to your licensor. A request for reconsideration does not stay any provisions or requirements of the correction order. Minnesota Statutes, section 245A.06, subdivision 2, paragraph (a). If you have not done so already, please immediately comply with the previously ordered corrective action for the affirmed violation. 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,
Frances Simon Standing, Attorney Legal Counsel’s Office Office of Inspector General
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