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January 8, 2025 Nil Jain, Authorized Agent Millennium Learning Center Inc dba Small World Learning center 17816 93rd Pl N Maple Grove, MN 55311 License Number: 1057572 (Child Care Ctr) Program Location: 1390 Paul Pkwy NE, Minneapolis, MN 55434-3931 Report Number: 202505296 Dear Anil Jain: On August 25, 2025, the Minnesota Department of children, Youth, and Families (DCYF), Division of Licensing, received your request for reconsideration regarding Citations 2, 3, 4, 6, 9, 10 and 11 in the Correction Order issued August 21, 2025. You did not request review for Citations 1, 5, 7, 8, 12 and 13. Therefore, Citations 1, 5, 7, 8, 12 and 13 are not under review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION: Citation 2: The program was not operating within the terms of the license. It was determined through conversations with staff persons that a room previously approved as a preschool classroom was being used as a school age classroom without prior approval from licensing (School Age classroom (formerly Pre-K): Preschool classroom). Request for Reconsideration. You stated that in response to a citation from a correction order issued on October 2, 2024, for the same violation “we would be going in and re-labeling the room correctly and submitting a new floor plan. We did this… then the [licensor] sent over the approved correction order which signaled to us that the correction was viewed on her end and completed.” You stated that during the August 6, 2025, site visit, the licensor “notated that s/he did see it was a ‘draft’ in the hub. We are not seeing a ‘draft’ even to this date and feel the correction order shouldn’t have been approved from September [2024] if it wasn’t documented that it was seen and approved.” You also stated, “the provider hub also has known technical error over the course of its existence and it’s possible that our submission of the correct information was not translated appropriately due to Provider Hub technical issues. Any citations regarding submission of its documents are in no ill will and are most likely due to Provider Hub issues or lack of understanding of the hub.” Finally, you stated that you believed that “we had corrected the citation last year.” Applicable Law. A license holder must notify the commissioner, in a manner prescribed by the commissioner, and obtain the commissioner's approval before making any change that would alter the license information listed under subdivision 14, paragraph (a). Minnesota Statutes, section 142B.10, subdivision 15, paragraph (a). Reconsideration Determination. The licensor observed that the program was not operating within the terms of the license. Specifically, a room previously approved as a preschool classroom was being used as a school age classroom without prior approval from the commissioner. The licensor noted that although the program had uploaded a licensing change request to the Provider Hub the program had not submitted the request for review and approval. The licensor noted the draft of the license change application in the related tab on the Provider Hub. Furthermore, the licensing change request had not been approved. You stated in your response to the October 2024 correction order, “We will be going into the hub and re-labeling the room as one school age room only as well as a transitional room meaning the children have access to both areas.” The corrective action information you submitted indicated the step(s) that you would take to correct the violation, and you received the adequate response letter dated October 10, 2024. The letter stated, “On 10/09/2024, the Department of Human Services (DHS), Division of Licensing received your response to the Correction Order dated 10/02/2024. The information you submitted indicates that you have corrected the violation(s).” However, you did not submit the draft of the licensing change request for review and approval. The licensing change request was not approved. You were not operating within the terms of the approved license. Therefore, Citation 2 is affirmed. Citation 3: Staff did not supervise the children at all times (Toddler 2 (Busy Bees) classroom). It was determined through information provided by the program that on June 5, 2025, at approximately 4:46 p.m., two toddlers were left alone on the Toddler playground for approximately 27 seconds when the staff person supervising that group followed a child that went inside the center on their own (Toddler 2 (Busy Bees) classroom: Toddler classroom). Supervision occurs when a program staff person is accountable for the child's care and is within sight and hearing of a child at all times, so that the program staff person can intervene to protect the health and safety of the child. Request for Reconsideration. You stated, “We were told by [the licensor] that this incident was a safety risk (the child running into the building) that we would not receive a citation and we did the right thing by contacting him/her.” You also explained, “One child ran into the building ultimately leaving the teacher in a predicament between choosing which group of children to ultimately leave alone. Right away we contacted licensing. We never received any further information.” Applicable Law. The license holder must have a written child care program plan that mandates that children have supervision at all times. Minnesota Rules, part 9503.0045, subpart 1, item A. Supervision means when a program staff person: (1) is accountable for the child's care; (2) can intervene to protect the health and safety of the child; and (3) is within sight and hearing of the child at all times except as described in paragraphs (b) to (e). Minnesota Statutes, Minnesota Statutes, section 142B.01, subdivision 27. Reconsideration Determination. During the exit interview, the licensor informed you that the supervision violation on June 5, 2025, would result in one citation. The licensor explained that the supervision violation resulted when the staff person went after the child who ran inside the building and the staff person left two children unsupervised outside on the Toddler playground. The licensor stated that the staff person’s actions resulted in both children left outside unsupervised and the child who ran inside unsupervised, too. Therefore Citation 3 is affirmed. Citation 4: The program did not comply with medication storage requirements. A medicine, insect repellent, sunscreen, or diaper rash product was accessible to children. Packages of diaper wipes were stored in low, unlocked drawers next to the toilet in the Busy Bees classroom bathroom (Toddler 2 (Busy Bees) classroom: Toddler classroom). Request for Reconsideration. You stated, “Children do not have access to this area without direct supervision from a teacher or director. The bathroom has a locked child gate separating access from the bathroom to children, unless a teacher is inviting them in for toilet training.” Applicable Law. A license holder who administers medicine, insect repellents, sunscreen lotions, and diaper rash control products must ensure that the products must be stored according to directions on the original container and so that they are inaccessible to children. Minnesota Rules, part 9503.0140, subpart 7, item E. Reconsideration Determination. The licensor observed diaper wipes stored in an unlocked plastic drawer which was accessible to children. The diaper wipes are a diaper rash control product, the diaper wipes container stated that the wipes must be stored in a place inaccessible to children. Diaper wipes must be inaccessible to children regardless of whether the children are supervised. The diaper wipes were stored in an unlocked plastic drawer accessible to children, therefore Citation 4 is affirmed. Citation 6: Equipment and furniture were not in good repair. The microwave door was missing on the dramatic play kitchen in the Kinder and School Age classroom. (Kinder and School Age classroom (formerly SA): School Age classroom) The dramatic play kitchen in the Preschool 1 classroom was missing the sink basin. (Preschool 1 classroom: Preschool classroom) The turtle floor mat in the Tiny Turtles classroom was ripped and fraying in several areas. (Toddler 1 (Tiny Turtles) classroom: Toddler classroom) Request for Reconsideration. Regarding the missing microwave door, you stated, “The door is not missing. It folds down as that is how it opens. The microwave door was open.” Regarding the missing sink basin in the dramatic play kitchen in the preschool one classroom, you stated, “the sink was sitting on the shelf next to it. It is in pristine condition. During free and explorative play- it is typical of children to take out parts, move around toys etc. The sink was right there.” You did not request reconsideration for the frayed turtle mat in the Tiny Turtles class room. Applicable Law. Condition of equipment and furniture, equipment and furniture must be durable, in good repair, structurally sound and stable following assembly and installation. Good repair means that the equipment has all accessories and attachments, and that the accessories and attachments function for its intended purpose. Minnesota Rules, part 9503.0140, subpart 19. Reconsideration Determination. The licensor observed that the microwave door of the gray microwave was missing on the dramatic play kitchen in the Kinder and School Age classroom. You submitted a picture of a red play oven. This violation relates to the gray microwave not the red play oven. Citation 6 is affirmed as to the missing microwave door for the gray microwave. The licensor observed that the dramatic play kitchen in the Preschool 1 classroom was missing the sink basin. The licensor looked around the room for the missing basin and could not locate the missing sink basin. Citation 6 is affirmed as to the missing sink basin. You did not request reconsideration for the frayed turtle rug in the Tiny Turtles class room. Therefore Citation 6 is affirmed as to the three separate instances where the equipment and furniture were not in good repair. Citation 9: The license holder did not post a license suspension, temporary immediate suspension, fine, or revocation, with an accompanying investigative memorandum in a conspicuous place for four years. On August 6, 2025, the order to pay a fine and the accompanying investigative memorandum issued on May 23, 2025, were not posted in the facility. Request for Reconsideration. You stated, “We understand that there was a piece missing, however the director had the wrong one posted. This is a genuine error. We were not trying to hide anything- we genuinely had the wrong one posted by accident. We also believe the licensor could have had an opportunity to offer a fix it ticket to fix this directly on site and help us print off the correct one. In addition- we did print it out and put the correct one on the clipboard in a conspicuous place while [the licensor] was still on site. Applicable Law. For licensed child care center, upon receipt of any order of conditional license issued by the commissioner under this section, and notwithstanding a pending request for reconsideration of the order of conditional license by the license holder, the license holder shall post the order of conditional license in a place that is conspicuous to the people receiving services and all visitors to the facility for two years. When the order of conditional license is accompanied by a maltreatment investigation memorandum prepared under chapter 260E, the investigation memoranda must be posted with the order of conditional license, and the license holder must post both in a place that is conspicuous to the people receiving services and all visitors to the facility for four years. Minnesota Statutes, section 142B.16, subdivision 5. For licensed child care centers, upon receipt of any order of license suspension, temporary immediate suspension, fine, or revocation issued by the commissioner under this section, and notwithstanding a pending appeal of the order of license suspension, temporary immediate suspension, fine, or revocation by the license holder, the license holder shall post the order of license suspension, temporary immediate suspension, fine, or revocation in a place that is conspicuous to the people receiving services and all visitors to the facility for two years. When the order of license suspension, temporary immediate suspension, fine, or revocation is accompanied by a maltreatment investigation memorandum prepared under section 626.557 or chapter 260E, the investigation memoranda must be posted with the order of license suspension, temporary immediate suspension, fine, or revocation, and the license holder must post both in a place that is conspicuous to the people receiving services and all visitors to the facility for four years. Minnesota Statutes, section 142B.18, subdivision 6. Reconsideration Determination. The licensor observed one maltreatment investigation memorandum issued March 28, 2025 posted on a clipboard on the parent board area, however, the required maltreatment investigation memorandum and associated fine order issued May 23, 2025 were not posted on the parent board area. You were required to post the maltreatment investigation memorandum and associated fine order issued May 23, 2025, too. Therefore Citation 9 is affirmed. Citation 10: The program did not provide the children access to interest areas on a daily basis. Children were not provided daily access to a: · dramatic or practical life activities interest area (School Age classroom (formerly Pre-K)); · science interest area (School Age classroom (formerly Pre-K)); and · music interest area (School Age classroom (formerly Pre-K)). A dramatic or practical life activities interest area, a science interest area, and a music interest area were not set up in the School Age classroom (School Age classroom (formerly Pre-K): Preschool classroom). Request for Reconsideration. You stated, “We feel this is contingent with the appeal regarding the room usage/hub error citation.” Applicable Law. A child care program that operates for more than three hours a day must provide daily access to interest areas of the center that are supplied with the equipment and materials needed to carry out the activities specified in items A to H, except that a child care program serving only school-age children and operating for less than 90 consecutive calendar days or any program operating for less than three hours a day must provide each child with daily access to indoor or outdoor large muscle activities specified in item G and at least five of the following interest areas: dramatic or practical life activities, science interest area, music interest area. Minnesota Rules, part 9503.0045, subpart 2. Reconsideration Determination. The licensor observed that the children were not provided daily access to a: dramatic or practical life activities interest area, science interest area and music interest area in the school age classroom (formerly Pre-K). You referenced Citation 2 regarding the licensing room violation in your request for reconsideration. The commissioner previously affirmed Citation 2 in this determination. Regardless of affirming Citation 2, you did not provide any additional information to explain why the school age classroom was missing the practical life activities interest areas, science interest areas and music interest areas. Citation 10 is affirmed because the practical life activities, science and music interest areas were missing in the school age classroom. Citation 11: The program violated the behavior guidance policy prohibiting certain actions. On the day of the site visit, the DCYF licensor heard the children in the Pre-K classroom involved in a dance activity. The DCYF licensor then heard a staff person raise their voice to a child in the group and tell them to "go to the book area because you're being disruptive." This was not an acceptable form of behavior guidance (Pre-K classroom (formerly Kindergarten): Preschool/SA classroom). Request for Reconsideration. You stated, “The licensor did not step in to first hand witness any prior or post interactions prior to the engagement to see if behavior guidance was being followed, the licensor did not or was not aware of other alternative activities that coincide with the quiet/book area.” Applicable Law. The license holder must develop and enforce written behavior guidance policies and procedures that prohibit subjection of a child to separation of a child from the group except provided in subpart 4. Minnesota Rules, part 9503.0055, subpart 3(C). No child may be separated from the group unless the license holder has tried less intrusive methods of guiding the child's behavior which have been ineffective and the child's behavior threatens the well being of the child or other children in the center. Minnesota Rules, part 9503.0055, subpart 4. Reconsideration Determination. On the day of the site visit, while the licensor was in another classroom down the hall from the pre-K (formerly kindergarten) classroom, the licensor was listening to a dancing activity in the pre-K classroom for approximately five to ten minutes. The licensor heard a staff person leading the children (staff person) in the dance activity. Although the licensor was outside the pre-K classroom, the licensor had some visibility into the classroom and could see in the classroom. After listening to the dance activity lead by the staff person for approximately five to ten minutes, the licensor heard the staff person raise his/her voice at a child and tell the child to move to the book area because the child was disrupting the dance activity. The book area where the child was directed to go was not close to the area where the other children were participating in the dance activity. The staff person separated the child from the other children when the staff person told the child to stop participating in the dance activity and move to the book area. Separation of a child from the group is a prohibited form of behavior guidance unless the license holder has tried less intrusive methods of guiding the child's behavior which have been ineffective and the child's behavior threatens the wellbeing of the child or other children in the center. In this case, the licensor did not hear the staff person try less intrusive methods of guiding the child before separating the child from the group and the child was not a threat to him/herself or other children. Therefore Citation 11 is affirmed. Disposition The Commissioner has reviewed the relevant laws and all the information you submitted in response to the Correction Order. Citations 2, 3, 4, 6, 9, 10 and 11 are affirmed. You did not request review for Citations 1, 5, 7, 8, 12 and 13. Therefore, Citations 1, 5, 7, 8, 12 and 13 are not under review. This is a final agency decision. Previously Ordered Corrective Action: In the Correction Order issued on August 21, 2025, 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, 142B.16 subdivision 2, paragraph (b). 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,
Hlee Vang, Attorney Legal Counsel’s Office Office of Inspector General
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