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August 19, 2026 Elizabeth Herbert, Authorized Agent Rochester Montessori School 5099 7th St NW Rochester, MN, 55901 License Number: 802157 (Child Care Center) Program Location: 5099 7th St NW, 55901 Dear Elizabeth Herbert: On December 22, 2025, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration regarding Citation 6 in the Correction Order issued to you on December 2, 2025. You did not request reconsideration of any other citations; therefore they are not under review. Reconsideration Determination Citation 6: The required in-service training had not been completed for 1 of 4 (SP9) individuals (director, staff persons, substitutes, or unsupervised volunteers) for the previous concluded calendar year. In-service training did not include: · training on abusive head trauma that was at least one half hour in length as required by Minnesota Statutes, section 142B.65, subdivision 7 (SP9); · training on allergy prevention and response as required by Minnesota Statutes, section 142B.66, subdivision 1 (SP9); · training on emergency preparedness as required by Minnesota Statutes, section 142B.66, subdivision 3 (SP9); · training on handling and disposal of bodily fluids as required by Minnesota Statutes, section 142B.66, subdivision 2 (SP9); · training on handling emergencies and accidents as required by Minnesota Rules, part 9503.0110, subpart 1 (SP9); · training on health policies as required by Minnesota Rules, part 9503.0140, subpart 1 (SP9); · training on reporting responsibilities as required by Minnesota Statutes, chapter 260E and Minnesota Rules, part 9503.0130 (SP9); and · training on the risk reduction plan as required by Minnesota Statutes, section 142B.54, subdivision 2 (SP9). Your Request for Reconsideration. You stated, “This individual (SP9) was not part of the licensed child care staff prior to this school year, when she began working in the after school care program. She was a 1st-3rd grade classroom teacher. She has had all the required yearly training for this year (and was present at the trainings in the prior school year but her records were not updated by the prior staff at RMS.) We request reconsideration because she was not part of the child care program last year.” Applicable Law. In service-training. (a) A license holder must ensure that the center director, staff persons, substitutes, and unsupervised volunteers complete in-service training each calendar year. (b) The center director and staff persons who work more than 20 hours per week must complete 24 hours of in-service training each calendar year. Staff persons who work 20 hours or less per week must complete 12 hours of in-service training each calendar year. Substitutes and unsupervised volunteers must complete at least two hours of training each year, and the training must include the requirements of paragraphs (d) to (g). (c) The number of in-service training hours may be prorated for center directors and staff persons not employed for an entire year. (d) Each year, in-service training must include: (1) the center's procedures for maintaining health and safety according to section 142B.66 and Minnesota Rules, part 9503.0140, and handling emergencies and accidents according to Minnesota Rules, part 9503.0110; (2) the reporting responsibilities under chapter 260E and Minnesota Rules, part 9503.0130; (3) at least one-half hour of training on the standards under section 142B.46 and on reducing the risk of sudden unexpected infant death as required under subdivision 6, if applicable; and (4) at least one-half hour of training on the risk of abusive head trauma from shaking infants and young children as required under subdivision 7, if applicable. (e) Each year, or when a change is made, whichever is more frequent, in-service training must be provided on: (1) the center's risk reduction plan under section 142B.54, subdivision 2; and (2) a child's individual child care program plan as required under Minnesota Rules, part 9503.0065, subpart 3. (f) At least once every two calendar years, the in-service training must include: (1) child development and learning training under subdivision 3; (2) pediatric first aid that meets the requirements of subdivision 4; (3) pediatric cardiopulmonary resuscitation training that meets the requirements of subdivision 5; (4) cultural dynamics training to increase awareness of cultural differences; and (5) disabilities training to increase awareness of differing abilities of children. (g) At least once every five years, in-service training must include child passenger restraint training that meets the requirements of subdivision 8, if applicable. (h) The remaining hours of the in-service training requirement must be met by completing training in the following content areas of the Minnesota Knowledge and Competency Framework: (1) Content area I: child development and learning; (2) Content area II: developmentally appropriate learning experiences; (3) Content area III: relationships with families; (4) Content area IV: assessment, evaluation, and individualization; (5) Content area V: historical and contemporary development of early childhood education; (6) Content area VI: professionalism; (7) Content area VII: health, safety, and nutrition; and (8) Content area VIII: application through clinical experiences. (i) For purposes of this subdivision, the following terms have the meanings given them. (1) "Child development and learning training" means training in understanding how children develop physically, cognitively, emotionally, and socially and learn as part of the children's family, culture, and community. (2) "Developmentally appropriate learning experiences" means creating positive learning experiences, promoting cognitive development, promoting social and emotional development, promoting physical development, and promoting creative development. (3) "Relationships with families" means training on building a positive, respectful relationship with the child's family. (4) "Assessment, evaluation, and individualization" means training in observing, recording, and assessing development; assessing and using information to plan; and assessing and using information to enhance and maintain program quality. (5) "Historical and contemporary development of early childhood education" means training in past and current practices in early childhood education and how current events and issues affect children, families, and programs. (6) "Professionalism" means training in knowledge, skills, and abilities that promote ongoing professional development. (7) "Health, safety, and nutrition" means training in establishing health practices, ensuring safety, and providing healthy nutrition. (8) "Application through clinical experiences" means clinical experiences in which a person applies effective teaching practices using a range of educational programming models. (j) The license holder must ensure that documentation, as required in subdivision 10, includes the number of total training hours required to be completed, name of the training, the Minnesota Knowledge and Competency Framework content area, number of hours completed, and the director's approval of the training. (k) In-service training completed by a staff person that is not specific to that child care center is transferable upon a staff person's change in employment to another child care program. Minnesota Statutes, section 142B.65, subdivision 9. Reconsideration Determination. The Licensor noted that SP9 had not completed the required in-service training for the previous concluded calendar year. You must ensure that the center director, staff persons, substitutes, and unsupervised volunteers complete in-service training each calendar year. You listed SP9 as a staff person on the Summary of Personnel Information for Licensed Child Care Center, which was completed on October 23, 2025. SP9’s date of hire was listed as October 14, 2019, and date of first contact was listed as November 4, 2019. The Licensor noted that SP9’s Personnel Information Form listed the same hire date of and contact date. During the exit interview, the Licensor referenced that SP9’s file lacked documentation to show that SP9 had completed the required in-service training. You did not indicate that SP9 was not employed at your program during the previous year. However, upon reconsideration, you stated that SP9 “was not part of the licensed child care staff prior to this school year.” Your records indicate that SP9 was still continuously employed at your program, and that there was no gap in SP9’s employment. SP9’s did not complete the required in-service training for the previous year; therefore, citation 6 is affirmed. Disposition The Commissioner has reviewed the relevant laws and all the information you submitted in response to the Correction Order. Citation 6 is 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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