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October 4, 2024 Julie Oachs, Authorized Agent Jr’s Academy LLC 120 Birkdale Drive Mankato, MN 56001 License Number: 1099751 (Child Care Center) Program Location: 120 Birkdale Drive, Mankato, MN 56001-7047
Dear Julie Oachs: On September 24, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citations 7, 8, 9 and 10 in the Correction Order (Attachment A) issued to you by the Department of Human Services on September 19, 2024. You did not request reconsideration of the remaining citations, and those citations are therefore final and not within the scope of this review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 7: Violation: The program did not have documentation on site to show that 2 of 6 (SP7 and SP11) staff persons met: the education requirements of the teacher job classification for which the staff person was employed (SP7); and the experience requirements of the teacher job classification for which the staff person was employed (SP11). Request for Reconsideration. You indicate in your reconsideration request that SP11 has a college degree and more than 1,400 hours in experience not including experience at your program. You submitted a transcript showing SP11 earned a Bachelor of Science on May 5, 2023. You also submitted a personnel information form for SP11. Applicable Law. Minnesota Rules, part 9503.0032, subpart 2 sets out the requirements for teacher education and experience. A teacher with a baccalaureate degree from an accredited college or university in any filed must also have 1,040 hours as an assistant teacher, aide or student intern. Under Minnesota Rules, part 9503.0120, item B, 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 the applicable rules. Reconsideration Determination. You did not submit any documentation with regard to SP7. There is sufficient evidence to support the citation as to SP7 and it is affirmed. The Commissioner finds there is sufficient evidence to rescind the citation as to SP11. Citation 8: Violation: The program did not have documentation on site to show that 5 of 9 (SP8, SP9, SP12, SP14 and SP15) staff persons met: the education requirements of the assistant teacher job classification for which the staff person was employed (SP9); and the experience requirements of the assistant teacher job classification for which the staff person was employed (SP8, SP9, SP12, SP14 and SP15). Request for Reconsideration. You indicate in your reconsideration request that SP8 has education and experience and that SP15 has a college degree as of May 2024. You submitted a transcript for SP15 showing s/he earned an Associate of Arts degree as of May 12, 2023, and you submitted a transcript and personnel information form for SP8. Applicable Law. Minnesota Rules, part 9503.0033, subpart 2 sets out the requirements for assistant teacher education and experience. An individual with two years full-time postsecondary education from a college or university must also have 1,040 hours of experience as an aide or student intern. Under Minnesota Rules, part 9503.0120, item B, 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 the applicable rules. Reconsideration Determination. The Commissioner has determined it is appropriate to rescind the citation as to SP8. With regard to SP15, although the staff person had the required education, there was no documentation to show s/he had the required experience. You did not submit any documentation with regard to the remaining three staff persons. There is sufficient evidence to support the citation as to SP15, SP9, SP12 and SP14, and it is affirmed. Citation 9: Violation: The program did not comply with cardiopulmonary resuscitation (CPR) training requirements. Specifically, documentation was not available on site to show that 4 of 16 (SP1, SP6, SP12 and SP14) individuals (directors, staff persons, substitutes, or unsupervised volunteers) had satisfactorily completed the required pediatric CPR training including the treatment of obstructed airways and a hands-on skill assessment within 90 days of the start of work or within the previous two years. Request for Reconsideration. You submitted a certificate indicating SP1 successfully completed the required pediatric CPR training on December 4, 2023. Applicable Law. Minnesota Statutes, section 245A.40, subdivision 4, requires completion of pediatric CPR training that includes CPR techniques for infants and children and the treatment of obstructed airways and hands-on practice. Under Minnesota Rules, part 9503.0120, subpart D, the personnel record for each staff person must contain documentation, when applicable, that the staff person has completed the required first aid and CPR training. Reconsideration Determination. Although you submitted a certificate for SP1 showing completion of pediatric CPR training, the certificate did not indicate completion of the hands-on skill assessment as required. You also did not submit any documentation with regard to the other staff persons that were included in the citation. There is sufficient evidence to support the citation and it is affirmed. Citation 10: Violation: The program did not comply with first aid training requirements. Documentation was not available on site to show that 1 of 16 (SP4) individuals (director, staff persons, substitutes, or unsupervised volunteers) completed pediatric first aid training within the previous two years. Request for Reconsideration. You submitted a certificate showing that SP4 completed the required pediatric first aid training on April 24, 2023, with a recommended renewal date in April 2025. Applicable Law. Minnesota Statutes, section 245A.40, subdivision 3 requires completion of pediatric first aid training. Under Minnesota Rules, part 9503.0120, subpart D, the personnel record for each staff person must contain documentation, when applicable, that the staff person has completed required first aid and CPR training. Reconsideration Determination. The Commissioner has determined it is appropriate to rescind the citation. 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 citation 7 as to SP7, citation 8 as to SP15, SP9, SP12 and SP14, and citation 9 in its entirety, and they are affirmed. The Commissioner finds it is appropriate to rescind citation 7 only as to SP11, citation 8 only as to SP8, and citation 10 in its entirety. This is a final agency decision. Previously Ordered Corrective Action: In the Correction Order issued on September 19, 2024, 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(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,
Frances Simon Standing, Attorney Legal Counsel’s Office Office of Inspector General
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