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March 19, 2024 Zamzam Yusuf Mumin, Authorized Agent Solar Academy, Inc. 1274 Marion Rd SE Rochester, MN 55904-6724 License Number: 1064021 (Child Care Center) Program Location: 1274 Marion Rd SE, Rochester, MN 55904
Dear Zamzam Yusuf Mumin: On June 23, 2023, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citation 1 in the Correction Order (Attachment A) issued to you by the Department of Human Services on June 16, 2023. You did not request reconsideration of the remaining citations. As a result, those citations are affirmed and are now final. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: Staff distribution requirements were not maintained. A teacher or assistant teacher did not directly supervise an aide. Specifically, on the day of the licensing visit, an aide-qualified staff person was alone with three infants in the infant classroom. A teacher was needed to be in compliance. Also, two aide- qualified staff persons were alone with seven toddlers in the toddler classroom. A teacher was needed to be in compliance. Request for Reconsideration. You indicate in your reconsideration request that although an aide was alone with three infants, it was for “few minutes.” You indicate the assigned teacher did leave to run an errand and returned within minutes, and you indicate it is unreasonable to not allow teachers a few minutes to complete such tasks. You also indicate the toddler teacher let the licensors in the building on the day of the licensing visit while toddlers were in the gym playing musical instruments with two aides. Applicable Law. Under Minnesota Rules, part 9503.0034, subpart 1, “aide” means a staff person who carries out child care program activities under the supervision of a teacher or assistant teacher. An aide who is under 18 years old must be directly supervised by a teacher or assistant teacher at all times except when the aide is assisting with the supervision of sleeping children or assisting children with washing, toileting, and diapering. An aide must be at least 16 years old. Under Minnesota Rules, part 9503.0040, subpart 2, item 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 childcare 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 childcare aide. The patterns 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. Reconsideration Determination. You acknowledge in your reconsideration request that an aide-qualified staff person was working alone with three children while the assigned teacher ran an errand. Additionally, during the licensing visit, the aide-qualified staff person told the licensor a teacher would be in shortly and was out grabbing coffee. Also, licensors observed during the licensing visit that the toddler classroom was in the gym without a teacher. You acknowledged in your reconsideration request that toddlers were alone in the gym playing musical instruments with two aides. 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. 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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