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June 10, 2026 Ahmad Shamsi, Authorized Agent Growing Explorers Learning Center 9568 Hillingdon Rd Woodbury, MN, 55125 License Number: 1098018 (Child Care Center) Program Location: 158 Jade Trl N, Lake Elmo, MN 55042-2606 Dear Ahmad Shamsi: On September 30, 2025, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration regarding Citations 1, 2, 4, 6, 7 and 8 in the Correction Order issued to you on September 12, 2025. You did not request reconsideration of any other citations; therefore, they are not under review. Reconsideration Determination Citation 1: Water bottles and reusable cups were used to provide drinking water to children and the program did not follow the policy for labeling with the child's first and last name. Your Request for Reconsideration. You stated that the violation was misleading and inaccurate. You also stated that you do follow the policy for labeling water bottles with each child’s first and last name. You stated that on the day of the site visit, there was on water bottle which had a sticker label on the bottom with the child’s first name and last initial. Finally, you requested that this citation be amended to reflect your accounting of the one incorrectly labeled water bottle. Applicable Law. A licensed child care center may provide drinking water to a child in a reusable water bottle or reusable cup if the center develops and ensures implementation of a written policy that a minimum includes that a water bottle or cup is assigned to a specific child and labeled with the child’s first and last name. Minnesota Statutes, section 142B.41, subdivision 13. Reconsideration Determination. On the day of the site visit, the Licensor noted that there were two children’s water bottles on a picnic table on the playground that were not labeled with the child’s first and last name. Specifically, a metal water bottle was labeled with a child’s first name and last initial. The second bottle was labeled with the child’s first name. The Licensor also noted that children were present on the playground. You stated that on the day of the site visit, there was on water bottle which had a sticker label on the bottom with the child’s first name and last initial. You are required to label all reusable children’s water bottles with the child’s first and last name. There were two water bottles that were not labeled with the child’s first and last name. You were not in full compliance of the requirement to label all children’s reusable water bottles with the child’s first and last name; therefore, Citation 1 is affirmed. Citation 2: Written parental permission had not been obtained for administering medicine. There was no written parental permission for an Epi-Pen that was prescribed. Your Request for Reconsideration. You stated that the violation is misleading. You asserted that you have documentation for the referenced child including a completed and signed ICCPP and Anaphylaxis Action Plan (AAP) from the child’s parents and doctor. You stated that the ICCPP and AAP indicates the medication and dosage instructions for the Epi-Pen. You also stated that you have a Child Information Record form for said child with his/her parents signed permission: “I give permission to Growing Explorers to secure emergency medical treatment” Finally, you asserted that that an Epi-Pen is emergency medical treatment, thus you do have parental permission to administer the Epi-pen to said child. Applicable Law. A license holder who chooses to administer medicine must ensure that the license holder gets written permission from the child's parent before administering medicine. Minnesota Rules, part 9503.0140, subpart 7, item A. Reconsideration Determination. You had a completed and signed ICCPP, AAP, and Child Information Record form but you did not have written permission from the child’s parents to administer the Epi-Pen. You are required to obtain written permission from the child's parent before administering medicine. Citation 2 is affirmed because you did not have written permission to administer the Epi-Pen. Citation 4: The DCYF licensor observed that hazardous objects were accessible to children. · The DCYF licensors observed two large pillows on the floor with the infants, which could be a suffocation risk. (Infant 3: Infant classroom and Infant 4: Infant classroom) · The DCYF licensors observed a shelf blocking the 2nd emergency exit for the classroom. (Toddler 3: Toddler classroom and Preschool 4: Preschool classroom) Your Request for Reconsideration. You requested that the words “corrected on site” be added next to the first bullet point, as that was corrected immediately during the review. You also requested that “Preschool 4” be changed to “Young Preschool” because the preschool 4 classroom has been renamed “Young Preschool.” Applicable Law. You must have a risk reduction plan that prohibit the accessibility of hazardous items to children. Minnesota Statutes, section 142B.54, subdivision 2, paragraph (e). Hazardous objects including but not limited to sharp objects, medicines, plastic bags, and poisonous plants and chemicals, including household supplies, must be stored out of reach of children. Minnesota Rules, part 9503.0140, subpart 17. Reconsideration Determination. The Licensor observed two large pillows on the floor with the infants in the Infant 3 and 4 class rooms. Pillows are a hazard and may pose a suffocation risk. You did not provide any additional information on reconsideration to refute the violation. Instead, you asked for the correction order to be amended to reflect that removed the large pillows and corrected the violation on site. Citation 4 is affirmed regarding the pillows posing a hazard to the children. The Licensor observed a shelf blocking the 2nd emergency exit for the classroom in the Toddler 3 and Preschool 4 class rooms. You did not provide any additional information regarding the violation. You did not refute the violation. Instead, you requested the correction order reflect that “Preschool 4” be changed to “Young Preschool” because the preschool 4 classroom has been renamed “Young Preschool.” Citation 4 is affirmed regarding the shelf blocking the 2nd emergency exit. Citation 6: The program did not comply with the requirements for naps and rest. · Cribs, cots, mats, and beds were not placed with clear aisles and unimpeded access for both adults and children on at least one side. Your Request for Reconsideration. You stated that this violation is misleading and inaccurate. You stated that you do follow nap and rest requirements. Finally, you stated that on the day of the site visit, there was one crib that had a narrow access, and it was corrected immediately during visit. Applicable Law. Placement of equipment. Naps and rest must be provided in a quiet area that is physically separated from children who are engaged in activity that will disrupt a napping or resting child. Cribs, cots, beds, and mats must be placed so there are clear aisles and unimpeded access for both adults and children on at least one side of each piece of napping and resting equipment. Cribs, cots, beds, and mats must be placed directly on the floor and must not be stacked when in use (emphasis added). Minnesota Rules, part 9503.0050, subpart 4.
Reconsideration Determination. The licensor observed an infant was sleeping in a crib during the licensing visit without a clear aisle on one side of the crib. Cribs, cots, beds, and mats must be placed so there are clear aisles and unimpeded access (emphasis added) for both adults and children on at least one side of each piece of napping and resting equipment. Citation 6 is affirmed because the crib with the sleeping infant did not have a clear aisle with unimpeded access. Citation 7: The program did not have documentation on site to show that 1 of 4 (SP12) staff persons met the: · education requirements of the teacher job classification for which the staff person was employed (SP12); and · experience requirements of the teacher job classification for which the staff person was employed (SP12). Your Request for Reconsideration. You stated that you have documentation on site for SP12’s lead teacher qualification. SP12 has a Track 2 variance to be lead teacher qualified, and you have his/her Learning Record on site. SP12 has completed 50 hours of Develop Approved training in 2024 and 14 hours of training in 2025. SP12 has more than 4160 hours of experience. You attempted to submit SP12’s variance and updated learning record on 8/12/2025 and 8/25/2025. Both times we encountered issues with the provider hub and could not upload the learning record, but you emailed SP12’s variance to your licensor. Finally, after the site visit on 9/12/2025, you stated that you were able to upload SP12’s learning record, and SP12’s variance was approved on 9/15/2025. Applicable Law. A teacher must meet the education and experience requirements. Minnesota Rules, part 9503.0032, subpart 2. The license holder must ensure that a personnel record for each staff person is maintained at the center contains 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. Minnesota Rules, part 9503.0120, item B. The commissioner must be given access without prior notice and as often as the commissioner considers necessary if the commissioner is investigating alleged maltreatment, conducting a licensing inspection, or investigating an alleged violation of applicable laws or rules. (emphasis added). Minnesota Statutes, section 245A.04, subdivision 5(a). Reconsideration Determination. On the day of the site visit, the Licensor noted that SP12 did not meet the: education requirements and, or experience requirements of the teacher job classification for which the SP12 was employed. SP12 had a track 2 variance that expired on 12/31/2024. You reapplied for variance on August 21, 2025, and August 25th, 2025. The variance was rejected because there was no documentation available to show that SP12 completed the required training. The reasoning of why the variance was rejected and instructions on how you could resolve the issue was provided in the Hub. Citation 7 is affirmed because SP12 did not meet the required experience and education requirements necessary for a teacher, and there was no applicable You stated that you have documentation for SP12’s lead teacher qualification and his/her Learning Record on site. However, you did not provide this documentation to the Licensor on the day of the site visit. You must give the commissioner access without prior notice and as often as the commissioner considers necessary if the commissioner is investigating alleged maltreatment and, or, conducting a licensing inspection (emphasis added). Citation 7 is affirmed because you did not give the Commissioner access to SP12’s. Citation 8: Documentation was not available on site to verify that before starting assigned duties 4 of 9 (SP5, SP7, SP9 and SP10) individuals (director, staff persons, substitutes, or unsupervised volunteers) received orientation training on: · allergy prevention and response as required by Minnesota Statutes, 142B.66, subdivision 1 (SP9); · behavior guidance policy standards in Minnesota Rules, part 9503.0055 (SP9); · the child care program plan and center's philosophy (SP5 and SP7); · emergency preparedness as required by Minnesota Statutes, 142B.66, subdivision 3. (SP7 and SP9); · handling and disposal of bodily fluids as required by Minnesota Statutes, 142B.66, subdivision 2 (SP5, SP7 and SP9); · handling emergencies and accidents according to Minnesota rules, part 9503.0110 (SP5, SP7 and SP9); · procedures for maintaining health and safety according to Minnesota Rules, part 9503.0140 (SP5, SP7 and SP9); · specific job responsibilities (SP5, SP7, SP9 and SP10); · program's drug and alcohol policy under section 142B.10, subdivision 1, paragraph (c) (SP5, SP7 and SP9); · reporting responsibilities in Minnesota Statutes, chapter 260E (MOMA) and 9503.0130 (SP5, SP7 and SP9); · program's risk reduction plan as required under section 142B.54, subdivision 2 (SP5, SP7 and SP9); and · sudden unexpected infant death that was at least one half hour in length as required in Minnesota Statutes, section 142B.65, subdivision 6 (SP7). Your Request for Reconsideration. You stated that you have documentation on site to verify that all staff members have completed orientation training. You stated that you never have a staff person start their assigned duties until they have completed their orientation training. You explained that your training includes observation with a lead teacher, so the new hire can observe the policies in practice and see where things are in the class room before starting any assigned duties. You stated that new hires do not enter the infant classroom until you have received a background clearance letter, and the new hires have completed abusive head trauma and SUIDS/SIDS training. Finally, you stated that “the Date of 1st Contact as stated on the orientation records, is typically the date that a staff person has entered a classroom for training and observation purposes – it is not the date that the staff has started assigned duties.” Applicable Law. The license holder shall provide training to program staff related to their duties in implementing the program's policies and procedures necessary to maintain compliance with licensing requirements under Minnesota Statutes and Minnesota Rules. Minnesota Statutes, section 142B.10, subdivision 21, paragraph (b), clause (1). The child care center license holder must ensure that the director, staff persons, substitutes, and unsupervised volunteers are given orientation training and successfully complete the training before starting assigned duties. Minnesota Statutes, section 142B.65, subdivision 1. “Direct contact" means providing face-to-face care, training, supervision, counseling, consultation, or medication assistance to persons served by the program. Minnesota Statutes, section 245C.02, subdivision 11. Reconsideration Determination. You stated that “the Date of 1st Contact as stated on the orientation records, is typically the date that a staff person has entered a classroom for training and observation purposes – it is not the date that the staff has started assigned duties.” Direct contact includes training of staff regarding their assigned duties. You must provide all required orientation training and ensure that all program staff complete the required orientation training before (emphasis added) starting training regarding assigned duties. You did not provide additional information to refute that you did not have all SPs complete all required orientation trainings before the date of first direct contact of the training and class room observation. Citation 8 is affirmed. Disposition The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citations 1, 2, 4, 6, 7 and 8 are affirmed. This is a final agency decision. Previously Ordered Corrective Action. In the original Correction Order, you were ordered to correct the violation(s) 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 (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,
Hlee Vang, Attorney Legal Counsel’s Office Office of Inspector General
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