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August 28, 2026 Chad Dunkley, Authorized Agent New Horizon Academy 3405 Annapolis Ln N Ste 100 Plymouth, MN 55447 License Number: 801681 (Child Care Ctr Program Location: 8400 Normandale Lake Blvd Ste 10, Bloomington, MN Report number: 202603213 Dear Chad Dunkley, On April 30, 2026, the Minnesota Department of Children, Youth, and Families (DCYF), Division of Licensing, received your request for reconsideration regarding Citation 4 in the Correction Order issued to you on April 21, 2026. You did not request review for Citations 1, 2, 3, and 5 Citations 1, 2, 3, and 5 are not under the scope of review. Reconsideration Determination Citation 4 Violation. The program violated the behavior guidance policy prohibiting certain actions. Through conversations with a staff person, it was determined that on March 30, 2026, March 31, 2026, and April 1, 2026, infants were restrained in a buggy for approximately 30 minutes while the staff person in charge of supervising the children cooked lunch for the children in the center, in the doorway from the hallway to the kitchen. (Infant classroom: Infant classroom) Applicable Law. The license holder must develop and enforce written behavior guidance policies and procedures that prohibit subjection of a child to the use of mechanical restraints, such as tying. Minnesota Rules, part 9503.0055, subpart 3. Your Response. You stated: While the program acknowledges that placing children in a buggy during lunch preparation is not considered best practice, the staff member acted out of a genuine concern for the immediate safety and supervision of the children, while maintaining required staff-to-child ratios and ensuring timely meal service. The decision was made in the moment to provide continuous supervision in a situation where the staff member was responsible for both child supervision and meal preparation. Reconsideration Determination. During a licensing investigation, the Licensor determined that on March 30, 2026, March 31, 2026, and April 1, 2026, infants were restrained in a buggy for approximately 30 minutes while the staff person in charge of supervising the children cooked lunch for the children in the center, in the doorway from the hallway to the kitchen. The license holder must develop and enforce written behavior guidance policies and procedures that prohibit subjection of a child to the use of mechanical restraints, such as tying. You admit that a staff person restrained the children in a buggy for approximately 30 minutes while the staff person in charge of supervising the children cooked lunch for the children in the center. Subjection of children to the use of mechanical restraints, such as tying is prohibited. You did not enforce behavior guidance policies and procedures that prohibit subjection of a child to the use of mechanical restraints, such as tying on March 30, 2026, March 31, 2026, and April 1, 2026. Therefore, Citation 4 is affirmed. Disposition The Commissioner has reviewed the relevant laws and all the information you submitted in response to the Correction Order. Citation 4 is affirmed. You did not request review for Citations 1, 2, 3, and 5. Citations 1, 2, 3, and 5 are not under the scope of review. 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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