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August 26, 2026 Reniery Banegas Lopez, Authorized Agent Language of Love Spanish Immersion LLC 13025 Court Pl Burnsville, MN 55337-7809 License Number: 1077022 (Child Care Ctr) Program Location: 7595 Minnewashta Pkwy, Excelsior, MN 55331 Dear Reniery Banegas Lopez: On April 21, 2026, the Minnesota Department of Children, Youth, and Families (DCYF), Division of Licensing, received your request for reconsideration regarding Citations 1 and 2 in the Correction Order (enclosed) issued to you on April 13, 2026. Reconsideration Determination Citation 1 Violation. Menus did not comply with the nutritional requirements of the USDA. Menus did not include at least one whole grain rich food per day. Based on the menu provided by the program, there was no documentation of which menu items were whole grain. Applicable Law. When food is provided by the license holder, menus must comply with the nutritional requirements of the United States Department of Agriculture, Food and Nutrition Service, Code of Federal Regulations, title 7, section 226.20. Minnesota Rules, part 9503.0145, subpart 2. Meal components. Except as otherwise provided in this section, each meal served in the Program must contain, at a minimum, the indicated components: Grains — (i) Enriched and whole grains. All grains must be made with enriched or whole grain meal or flour. (A) At least one serving per day, across all eating occasions of bread, cereals, and grains, must be whole grain-rich, as defined in § 226.2. Whole grain-rich is the term designated by FNS to indicate that the grain content of a product is between 50 and 100 percent whole grain with any remaining grains being enriched. (B) A serving may contain whole grain-rich or enriched bread, cornbread, biscuits, rolls, muffins, and other bread products; or whole grain-rich, enriched, or fortified cereal grain, cooked pasta or noodle products, or breakfast cereal; or any combination of these foods. Title 7 Code of Federal Regulations, subtitle B, Chapter II, subchapter A, subpart E, section 226.20, subpart A, subpart 4. Your Response. You stated, “Our menu did highlight ‘grains’, but did not specify which grains were whole grain rich. We were compliant with the whole grain rich requirement.” You cited, “ USDA CACFP guidance, including the resource “Adding Whole Grains,” states: “There are no Federal CACFP requirements that you label which foods are whole grain-rich on your menu. Check with your State agency or sponsoring organization to see what they require.” You stated, “the menus provided at the time of inspection reflected meals that included whole grain-rich components; however, I acknowledge that the menu format may not have clearly demonstrated this for verification purposes distinguishing between grains and whole grain rich.” Reconsideration Determination. The Licensor noted that menus did not comply with the nutritional requirements of the USDA. Menus did not include at least one whole grain rich food item per day. You acknowledge that your menu did not show that you provided whole grain rich items to children. Based on the menu provided by the program, there was no documentation of which menu items were whole grain. Your menus did not comply with the nutritional requirements of the USDA because your menus did not include at least one whole grain rich food per day; therefore, Citation 1 is affirmed. Citation 2 Violation. The DCYF licensor observed that hazardous objects were accessible to children. The artificial landscape rug on the playground under the slide was not laying flat posing a tripping hazard. (Facility: Facility) Applicable Law. The License Holder must develop a risk reduction plan that prohibits 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, chemicals, including household supplies, must be stored out of reach of children. Minnesota Rules, part 9503.0140, subpart 17. Your Response. You stated that no children were exposed to hazardous objects. There were no internal repair tickets for the astro turf. You also included pictures of the playground when children are using the playground. You also stated that on the day of your site visit there were wind from gusts up to 45 mph from 8 AM–11:30 AM. You explained that you believe this is why the Astro turf was flipped over at one corner. You reiterate that this was out of our control and no children were exposed to this hazard. Reconsideration Determination. The Licensor noted that hazardous objects were accessible to children. The artificial landscape rug on the playground under the slide was not lying flat posing a tripping hazard. You did not deny that the artificial landscape rug under the playground slide is a hazardous object. You stated that children were not exposed to the hazard. However, the artificial landscape rug on the playground under the slide that was not lying flat was accessible to children. This hazardous object posed a tripping hazard to children. You did not prohibit the accessibility of the artificial landscape rug on the playground under the slide that was not lying flat to children. Therefore, Citation 2 is affirmed. Disposition The Commissioner has reviewed the relevant laws and all the information you submitted in response to the Correction Order. Citations 1 and 2 are affirmed. This is a final agency decision. Previously Ordered Corrective Action. In the original Correction Order issued, 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 1, paragraph (a). If you have not done so already, please immediately comply with the previously ordered corrective actions for all uncontested and affirmed violations and respond in the Provider Hub immediately. 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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