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April 9, 2024 Nicole Tessmer, Director/Owner Jeri-Lynn Chalmers, Curriculum Coordinator/Owner Laurel Academy Early Learning Center 18555 148TH ST NW Elk River, MN 55330-7671 License Number: 1096119 (Child Care Ctr) Program Location: 6558 Laketowne Place, Albertville, MN 55301 Report Number: 202302696 Dear Nicole Tessmer and Jeri-Lynn Chalmers: 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 DHS on June 5, 2023. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 1. The program violated the behavior guidance policy prohibiting certain disciplinary actions. Specifically, it was determined that on March 27, 2023, a staff person (“SP”) rough handled a child as means of behavior guidance at the facility’s gym. Applicable Law. Minnesota Rule 9503.0055, subpart 1, requires license holders to develop written behavior guidance policies and procedures, and ensure that the policies and procedures are carried out. Under Rule 9503.0055, subpart 3, the behavior guidance policies and procedures must include a policy that prohibits a staff person from subjecting a child to corporal punishment, which includes rough handling a child. Your Response. First, you assert that the citation contains errors and inconsistencies, citing the following examples. While the “Standards Reviewed” section of the Correction Order states that the licensing investigation “determined compliance” with applicable state and federal laws, the rest of the Order still found a violation. Also, while the “Corrective Action Required” section of the Order states that the license holder corrected the violation during the licensing visit, there were no licensing visits made in association with this report. Next, you also challenge the citation substantively, arguing that the program was in compliance with the applicable law. Specifically, you contend that the program has in place appropriate behavior guidance policies that prohibit rough handling of children by staff persons, and that the program enforces those policies. In this particular case, the staff person in question was trained on the policies and was terminated due to the incident. Reconsideration Determination. You do not dispute that, on March 27, 2023, SP roughly handled a child in the program as means of behavior guidance. Conduct at issue included SP pushing a child with his/her foot, grabbing the child’s arm, and pulling the child, which caused him/her to fall. While the Commissioner recognizes that the program took this incident seriously and took immediate action upon discovery, the law requires the child care center license holders to ensure that behavior guidance policies and procedures are carried out, including the policy that prohibits staff from roughly handling the children in the program. In this instance, the behavior guidance policy prohibiting specific staff actions was not carried out, as a staff person did roughly handle a child. Ultimately, the license holder is responsible for the operation of the program and compliance with the licensing laws and rules.
Regarding the purported errors in the Correction Order, the sentence “[t]he licensing investigation determined compliance with state and federal laws” is standard language in DHS-issued correction orders, meaning that DHS conducted a licensing investigation to determine whether a program is in compliance with the applicable laws. It does not mean that the investigation found the program to be compliant. As for the note in the Correction Order that “[t]he license holder corrected the violation during the licensing visit,” it is accurate that the investigation in this matter took place over phone, and the Correction Order used the phrase “licensing visit” rather than “licensing investigation.” However, the use of the phrase “licensing visit” rather than “licensing investigation” does not impact the underlying violation. The Commissioner finds there is sufficient evidence in the record to support Citation 1, and so 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 affirmed. This is a final agency decision. Previously Ordered Corrective Action: In the Correction Order issued on June 5, 2023, you were ordered to correct the violations 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, 245A.06, subdivision 2, paragraph (a). If you have not done so already, please immediately comply with the previously ordered corrective actions for all uncontested and affirmed violations. 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,
So Yeon Woo-Bockman, Attorney Legal Counsel’s Office Office of Inspector General
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