C.C.U.S.D.#93 - Black Mountain Elementary School

AAC R9-5-209.2. A licensee shall: Notify the Department within 24 hours, prior to the next business day, of business closure; and

“Findings: Based on the Compliance Officers' observations, when an annual inspection was attempted, the COs found that the facility had been closed due to low enrollment. The licensee did not notify the Department 24 hours before the closure.”

AAC R9-5-401.7. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility: 7. A volunteer is 15 years of age or older.

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the facility lacked a file for Staff #2. Staff #2 worked with children in the capacity of a volunteer.”

AAC R9-5-501.C.5. C. A licensee shall ensure that a staff member:5. Except as provided in subsection (D), prepares and posts a dated lesson plan in each indoor activity area for each calendar week, which is maintained on facility premises for 12 months after the lesson plan date and provides opportunities for each child to: a. Gain a positive self-concept; b. Develop and practice social skills; c. Think, reason, question, and experiment; d. Acquire language skills; e. Develop physical coordination skills; f. Participate in structured large muscle physical activity; g. Develop habits that meet health, safety, and nutritional needs; h. Express creativity; i. Learn to respect cultural diversity of children and staff; j. Learn self-help skills; and k. Develop a sense of responsibility and independence;

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the Gym lacked an updated lesson plan for the current calendar week. The posted lesson plan was for the week of 5/19/2025.”

AAC R9-5-501.C.4. C. A licensee shall ensure that a staff member:4. Except as provided in subsection (D), prepares and posts in each indoor activity area, a current schedule of children’s age-appropriate activities, including the times the following are provided: a. Meals and snacks; b. Naps; c. Indoor activities; d. Outdoor or large muscle development activities; e. Quiet and active activities; f. Teacher-directed activities; g. Self-directed activities; h. Activities for individuals, groups of five or fewer children, and groups of six or more children; and i. Activities that develop small muscles;

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the Drama Room lacked a schedule of activities.”

AAC R9-5-501.C.1. C. A licensee shall ensure that a staff member: 1. Supervises each enrolled child at all times;

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, in all activity areas, enrolled children were not supervised at all times by staff members. Both Pre-K and School-Age children were moving freely between the activity areas and the toilet rooms.”

AAC R9-5-501.A.19. A. A licensee shall ensure that:19. Except as provided in subsection (A)(20), the following are stored separate from food storage areas and are inaccessible to an enrolled child: a. All materials and chemicals labeled as a toxic or flammable substance; b. All substances that have a child warning label and may be a hazard to a child; and c. Lawn mowers, ladders, toilet brushes, plungers, and other facility equipment that may be a hazard to a child;

“Findings: Based on the Compliance Officer's and the Compliance Officer Supervisor's observation, in the Drama Room, the following toxic substances were accessible to enrolled children: *Clorox Disinfecting Mist *Compressed Duster Spray”

AAC R9-5-501.A.12. A. A licensee shall ensure that: 12. The facility premises, including the buildings, are maintained free from hazards;

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the following hazards were accessible to enrolled children: Hallway Toilet Room: *There was an uncapped standing screw at base of the toilet. Cafe: *Dry wall was flaking and crumbling near the base of the kitchen door. *The vinyl base board along the west wall was loose and hanging off the wall. *There was cracked plastic on the storage tub. Drama Room: *Multiple wires were tangled and accessible to enrolled children behind the teacher's desk. *Blue chairs were stacked high along the east wall.”

AAC R9-5-501.A.1. A. A licensee shall ensure that:1. In addition to complying with the requirements in this Chapter, the health, safety, or welfare of an enrolled child is not placed at risk of harm;

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, an inflated tube trampoline was on the Preschool Playground which placed the health, safety, or welfare of enrolled children at risk of harm.”

AAC R9-5-402.B. B. A licensee shall ensure that, for a staff member who is currently working at the facility, the staff member’s information required by:1. Subsections (A)(1) through (11) is maintained in a single location on facility premises, and 2. Subsection (A)(12) is maintained and provided to the Department within two hours of the Department’s request.

“Findings: Based on staff interview and the Compliance Officer's and Compliance Officer Supervisor's observation, the facility lacked staff files on site for Staff #2, Staff #3, and Staff #4. The licensee stated the files were maintained at the district office.”

AAC R9-5-404.A. A. A licensee shall ensure that at least the following staff-to-children ratios are maintained at all times when providing child care services to enrolled children: Age Group/Staff: Children - Infants/1:5 or 2:11; 1-year-old children/1:6 or 2:13; 2-year-old children/1:8; 3-year-old children/1:13; 4-year-old children/1:15; 5-year-old children not school-age/1:20; School-age children/1:20

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the staff-to-children ratio in the Kinderprep Room (Room 132) was 1:16 instead of 2:16 as required for 4-year-old children.”

AAC R9-5-605.B.6. B. A licensee shall ensure that: 6. Except for a room used only for an enrolled school-age child, each unused electrical outlet is covered with a safety plug cover or insert;

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the Gym lacked safety plug covers or inserts for unused outlets along the black stairs and the interior wall.”

AAC R9-5-605.B.10. B. A licensee shall ensure that:10. Toilet rooms are ventilated to the outside of the building, either by a screened window open to the outside air or by an exhaust fan and duct system that is operated when the toilet room is in use;

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the Pre-K toilet room lacked an operable exhaust fan.”

AAC R9-5-603.E. E. A licensee shall ensure that the following is provided and maintained within the fall zones of swings and climbing equipment in an outdoor activity area:1. A shock-absorbing unitary surfacing material manufactured for such use in outdoor activity areas; or 2. A minimum depth of 6 inches of a non-hazardous, resilient material such as fine loose sand or wood chips.

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the following fall zones in the outdoor activity areas lacked resilient surfacing: Preschool Playground: *6" of surfacing under both climbers. School-Age Playground: *There were hard green pads that lacked resiliency under the blue and red slides on the red climber.”

AAC R9-5-303.A. A. A licensee shall post in a place that can be conspicuously viewed by individuals entering or leaving the facility or activity area, the:1. Facility’s license; 2. Name of the facility director; 3. Name of the individual designated to act on behalf of the facility director when the facility director is not present in the facility, as prescribed by R9-5-301(B)(1); 4. Schedule of child care services fees and policy for refunding fees as prescribed by A.R.S. § 36-882(P); 5. Breakfast, lunch, dinner, and snack menus for each calendar week at the beginning of the calendar week; 6. Notice of the presence of any communicable disease or infestation listed in 9 A.A.C. 6, Article 2, Table 2, from the date of discovery through the incubation period of the communicable disease or infestation; 7. Notice of the Department’s intent to deny, revoke, or suspend as prescribed by A.R.S. § 36-888 at the expiration of time in the notice for the licensee to respond; 8. Notice of an intermediate sanction imposed as prescribed by A.R.S. § 36-891.01 within 10 calendar days after the licensee received notice of the intermediate sanction; 9. Notice of a legal injunction imposed as prescribed by A.R.S. § 36-886.01 when the licensee receives the legal injunction; and 10. Notice of the availability of facility inspection reports for public viewing at the facility premises.

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the posting area lacked the following: *The updated facility license *The name of the director or designated person in charge.”

AAC R9-5-303.B. B. A licensee shall ensure that the licensed capacity of each indoor activity area or room is posted in that activity area or room.

“Findings: Based on facility documentation and the Compliance Officer's and Compliance Officer Supervisor's observation, the Drama Room lacked a posted licensed capacity.”

AAC R9-5-306.A. A. A licensee shall maintain a dated attendance form containing an enrolled child’s name with the time of each admission and release of the enrolled child. 1. Except as provided in subsection (A)(2), a licensee shall ensure that the attendance form is signed with at least a first initial of an individual’s first name and the individual’s last name by each enrolled child’s parent or individual designated by the enrolled child’s parent, each time the enrolled child is admitted or released. 2. An electronic fingerprint verification or an electronic signature may be used in place of a signature of the enrolled child’s parent or designated individual to admit or release the enrolled child. 3. If an electronic signature is used to admit or release the enrolled child, the licensee shall adopt policies and procedures to ensure that the individual whose signature the electronic or digital method of identification represents is accountable for the use of the electronic or digital method; 4. A licensee shall develop, document, and implement policies and procedures to ensure that the identity of an individual is known to the staff member or is verified with picture identification before releasing an enrolled child to the individual. 5. A licensee shall not release the enrolled child to an individual other than the enrolled child’s parent or other individual designated in writing by the enrolled child’s parent except when the enrolled child’s parent is unable to collect the enrolled child and authorizes the licensee by telephone to release the enrolled child to an individual not so designated. a. The licensee shall verify the telephone authorization using a means of verification that has been agreed upon between the licensee and the enrolled child’s parent at the time of enrollment. b. The licensee shall document the means of verification in subsection (A)(5)(a) on the enrolled child’s Emergency, Information, and Immunization Record card. 6. A licensee shall not permit the self-admission or self-release of an enrolled child unless the enrolled child is of school age and the licensee has obtained and verified written permission from the enrolled child’s parent. 7. A licensee shall maintain the attendance form on facility premises for 12 months after the date of attendance.

“Findings: Based on facility documentation and the Compliance Officer's and Compliance Officer Supervisor's observation, it was determined that 4 out of 20 reviewed sign in/out records lacked the following: *Child #2, Child #3, Child #5: Release time and signature on 6/03/2025 *Child #4: Release time and signature on 6/04/2025”

AAC R9-5-603.C. C. Except as provided in subsection (D), a licensee shall ensure that an outdoor activity area:1. Is enclosed by a fence: a. A minimum of 4 feet high; b. Secured to the ground; and c. With either vertical or horizontal open spaces on the fence or gate that do not exceed 4.0 inches; 2. Is maintained free from hazards, such as exposed concrete footings and broken toys; and 3. Has gates that are kept closed while an enrolled child is in the outdoor activity area

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the following outdoor hazards were accessible to enrolled children: School-Age Playground: *The non-slip surface on the climber platform was loose and chipping. *The turf surfacing under the swings were torn, exposing the padding underneath. *The metal grating on both climbers were peeling. In the Preschool Playground, the horizontal gap between the fence and the ground at the northeast side ranged from 4.5" to 6".”

AAC R9-5-516.J. J. A staff member’s or enrolled child’s prescription medication necessary to treat life-threatening symptoms:1. May be kept in the activity area where the staff member or enrolled child is present; and 2. Except when the prescription medication is administered to treat life-threatening symptoms, is inaccessible to an enrolled child.

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, in the Kinderprep room, prescription medication was accessible to enrolled children. The two medications were on the teacher's table within reach of children.”

AAC R9-5-516.B.3. B. If prescription or nonprescription medications are administered, a licensee shall ensure that:3. A facility director, or a staff member designated in writing by the facility director, does not administer a medication to an enrolled child unless the facility receives written authorization signed by the enrolled child’s parent or health care provider that includes the: a. Name of the enrolled child; b. Type of the medication; c. Prescription number, if any; d. Instructions for administration specifying the: i. Dosage and route of administration; ii. If indicated, starting and ending dates of the dosage period; and iii. Times and frequency of administration; e. Reason for the medication; and f. Date of authorization; and

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the facility lacked a written authorization form for the prescription medication for Child #1.”

AAC R9-5-512.F. F. A licensee shall ensure that:1. Each toilet room in a facility contains, within easy reach of enrolled children: a. Mounted toilet tissue; and b. Except as provided in subsection (G): i. A sink with running water; ii. Soap contained in a dispenser; and iii. Disposable, single-use paper towels in a mounted dispenser, or a mechanical air hand dryer; 2. Staff members wash their hands with soap and running water after toileting; 3. An enrolled child’s hands are washed with soap and running water after toileting; 4. Except for a cup or receptacle used only for water, food waste is stored in a covered container and the container is clean and lined with a plastic bag; 5. Food waste and other refuse is removed from the facility building at least once every 24 hours or more often as necessary to maintain a clean condition and avoid odors; 6. A staff member or an enrolled child does not draw water for human consumption from a toilet room handwashing sink; 7. Toys, materials, and equipment are maintained in a clean condition; 8. Plumbing fixtures are maintained in a clean and working condition; and 9. Chipped or cracked sinks and toilets are replaced or repaired.

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the following activity areas were not maintained in a clean condition: Kinderprep room, Drama room, Cafe, and Gym: *Food waste lacked a covered container. School-Age Playground: *The orange ball-shaped hand rails had dust and grime build up.”

AAC R9-5-512.D. D. A licensee shall ensure that toilet bowls, lavatory fixtures, and floors in toilet rooms and kitchens are cleaned and sanitized as often as necessary to maintain them in a clean and sanitized condition or at least once every 24 hours.

“Findings: Based on the Compliance Officer's and the Compliance Officer Supervisor's observation, in the girls' toilet room in the hallway, there was rust and dirt build up at the back of the second toilet near the plumbing fixture.”

AAC R9-5-512.B. B. A licensee shall maintain facility premises and furnishings:1. In a clean condition, and 2. Free from odor.

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the following areas were not maintained in a clean condition: Girls' hallway toilet room: *Dirt build up on the wall beneath the hand dryer. Gym: *In the boys' and girls' toilet rooms, there was dirt build up along the walls.”

AAC R9-5-306.B. B. A licensee shall: 1. Develop, document, and implement policies and procedures to ensure that a staff member maintains daily documentation of the presence of an enrolled child in an activity area that includes a method to account for any temporary absences of the enrolled child from the activity area, and 2. Maintain the documentation of the presence of enrolled children in an activity area required in subsection (B)(1) on facility premises for 12 months after the date of the documentation.

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the facility lacked rosters documenting the presence of enrolled children in the Gym, Drama room, and Cafe.”

AAC R9-5-401.3. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility:3. A teacher-caregiver is 18 years of age or older and provides the licensee with documentation of one of the following: a. Six months of child care experience and: i. A high school diploma or high school equivalency diploma; or ii. At least 12 credit hours from an accredited college or university, including at least six credit hours in early childhood, child development, or a closely-related field; b. Associate or bachelor degree from an accredited college or university in early childhood, child development, or a closely-related field; or c. N.A.C., C.D.A., or C.C.P. credential;

“Findings: Based on facility documentation and the Compliance Officer's and Compliance Officer Supervisor's observation, the file for Staff #1 lacked documentation of education documents to qualify as a teacher-caregiver.”

AAC R9-5-501.C.4. C. A licensee shall ensure that a staff member:4. Except as provided in subsection (D), prepares and posts in each indoor activity area, a current schedule of children’s age-appropriate activities, including the times the following are provided: a. Meals and snacks; b. Naps; c. Indoor activities; d. Outdoor or large muscle development activities; e. Quiet and active activities; f. Teacher-directed activities; g. Self-directed activities; h. Activities for individuals, groups of five or fewer children, and groups of six or more children; and i. Activities that develop small muscles;

“Findings: Based on facility documentation and the Compliance Officer's observation, the gym, and the cafeteria lacked full-day activity schedules.”

AAC R9-5-605.B.6. B. A licensee shall ensure that: 6. Except for a room used only for an enrolled school-age child, each unused electrical outlet is covered with a safety plug cover or insert;

“Findings: Based on the Compliance Officer's observation, there were three uncovered outlets along the cafeteria's east wall.”

AAC R9-5-501.C.5. C. A licensee shall ensure that a staff member:5. Except as provided in subsection (D), prepares and posts a dated lesson plan in each indoor activity area for each calendar week, which is maintained on facility premises for 12 months after the lesson plan date and provides opportunities for each child to: a. Gain a positive self-concept; b. Develop and practice social skills; c. Think, reason, question, and experiment; d. Acquire language skills; e. Develop physical coordination skills; f. Participate in structured large muscle physical activity; g. Develop habits that meet health, safety, and nutritional needs; h. Express creativity; i. Learn to respect cultural diversity of children and staff; j. Learn self-help skills; and k. Develop a sense of responsibility and independence;

“Findings: Based on facility documentation and the Compliance Officer's observation, the lesson plans in the gym and cafeteria were dated 3/13-5/17/2024.”

AAC R9-5-301.I. I. At least once a month, and at different times of the day, a licensee shall ensure that an unannounced fire and emergency evacuation drill is conducted and each staff member and enrolled child at the facility participates in the fire and emergency evacuation drill. 1. If child care services for a child with special needs are provided at a facility, the licensee shall provide for the enrolled child’s participation in each fire and emergency evacuation drill according to the enrolled child’s individualized plan as specified in R9-5-507(A)(1). 2. A licensee shall document each fire and emergency evacuation drill and maintain the documentation on facility premises for 12 months after the date of the fire and emergency evacuation drill.

“Findings: Based on facility documentation and the Compliance Officer's observation, no fire drills were documented for the previous 12 months.”

AAC R9-5-501.A.12. A. A licensee shall ensure that: 12. The facility premises, including the buildings, are maintained free from hazards;

“Findings: Based on the Compliance Officer's observation, there was a 1-inch circular hole in the preschool room on the north wall by the exit door.”