Desert Sky Montessori School

AAC R9-5-512.F.8.9. F. A licensee shall ensure that: 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 and Compliance Officer supervisors' observations, it was determined that the sinks in room's 9 and 10 next to the diaper changing tables were not draining properly.”

AAC R9-5-501.B.5. B. A licensee shall ensure that a staff member: 5. For enrolled children 12-months and older, except as provided in subsection (C), prepares, posts, and implements 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. If weather and air quality permit, 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 and Compliance Officer Supervisor's observations, room's 8 and 9 lacked a posted daily schedule.”

AAC R9-5-305.A. A. A licensee shall not permit an enrolled child to attend a facility until the facility receives: 1. An immunization record for the enrolled child with the information required in 9 A.A.C. 6, Article 7, documenting that the enrolled child has received all current, age-appropriate immunizations required under 9 A.A.C. 6, Article 7: a. Provided by a healthcare provider, or b. Generated from the Arizona State Immunization Information System, which is the Department’s child immunization reporting system established in A.R.S. § 36-135; or 2. An exemption affidavit for the enrolled child provided by the enrolled child’s parent that contains a statement, signed by the enrolled child's: a. Health care provider, that the immunizations required by 9 A.A.C. 6, Article 7 would endanger the enrolled child’s health or medical condition; or b. Parent, that the enrolled child is being raised in a religion whose teachings are in opposition to immunization.

“Findings: Based on facility documentation, Compliance Officer and Compliance Officer supervisors' observations, Child #3 lacked a completed front page of the immunization exemption form.”

AAC R9-5-516.B.1. B. If prescription or nonprescription medications are administered, a licensee shall ensure that: 1. A facility director, or a staff member designated in writing by the facility director, is responsible for the administration of all medications in the facility, including storing, supervising an enrolled child’s ingestion of a medication, and documenting all medications administered to an enrolled child;

“Findings: Based on the Compliance Officer and Compliance Officer Supervisors' observations, the Licensee lacked documentation of who is responsible for the administration of medications of enrolled children in the facility.”

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 and Compliance Officers Supervisor's observations, it was determined that the facility lacked a copy of two medication authorization forms, to allow for the administration of medications to enrolled children.”

AAC R9-5-516.G. G. A licensee shall return all unused prescription and nonprescription medications to a parent when the medication prescription date has expired or the medication is no longer being administered to the enrolled child or dispose of the medication if unable to locate the enrolled child's parent after the child's disenrollment.

“Findings: Based on the Compliance Officer and Compliance Officer Supervisors' observations, it was determined that the Licensee had an enrolled child's expired epi pen prescription and not returned to the parent.”

AAC R9-5-603.B. B. 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 and Compliance Officer Supervisors' observations, it was determined that in the outdoor activity area there was exposed sharp and rusty metal from the fence, and some exposed splintery wood from the monkey bars. Rust on fence Monkey bars”

AAC R9-5-603.D. D. 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 and Compliance Officer Supervisor observations, it was determined that the sand in various fall zones around the outdoor activity area measured 2-4 inches, lacking the minimum depth of required 6 inches.”

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete an Emergency, Information, and Immunization Record that is no more than a two-page written notice, and is signed by the enrolled child’s parent containing: 1. The child’s name, home address, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, email address, and telephone number of each parent of the child; 4. The name and contact telephone number of at least two individuals authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted; 5. The name and contact telephone number of the child’s health care provider; 6. The written authorization for emergency medical care of the enrolled child when the parent cannot be contacted at the time of the emergency; 7. The name of the individual to be contacted in case of injury or sudden illness of the child; 8. The written instructions of a child’s parent or health care provider for the nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(14); and 9. A written record completed by the child’s parent or health care provider noting the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance.

“Findings: Based on facility documentation, the Compliance Officer and Compliance Officer supervisors' observations, it was determined that 3 out of 10 enrolled children's Emergency Information and Immunization Record cards lacked the following information: Child #1 - Lacked name and contact telephone number of health care provider, name of the individual to be contacted in case of injury or sudden illness of the child, and the printed name, signature and date by the enrolled child’s parent on the back. Child #2 - Lacked contact telephone number of health care provider. Child #3 - Lacked the day of enrollment, two different date's of birth written in date of birth box, 2 of 4 individuals authorized by the child’s parent to collect the child from the facility in case of emergency lacked phone numbers.”

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 2.2, 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 and Compliance Officer Supervisors' observations, it was determined that the main posting board lacked the name of the facility Director as well as an individual next in charge when the facility Director is not present.”

AAC R9-5-203.A. A. A licensee shall ensure that a staff member completes, signs, dates, and submits to the licensee, before the staff member’s starting date of employment or volunteer service: 1. The form required in A.R.S. § 36-883.02(C); and 2. If required by A.R.S. § 8-804, the form in A.R.S. § 8-804(I).

“Findings: Based on facility documentation and the Compliance Officer and Compliance Officer Supervisors' observations, Staff #2 (DOE 8/12/2024) and Staff #3's (DOE 10/27/2025) files lacked a copy of a completed DCS background check.”

AAC R9-5-501.B.9. B. A licensee shall ensure that a staff member: 9. Does the following when a parent permits or asks a staff member to apply personal products on an enrolled child, such as petroleum jelly, diaper rash ointments, sun screen or sun block preparations, toothpaste, and baby diapering preparations: a. Obtains the enrolled child’s personal products from the enrolled child’s parent or, if the licensee provides the personal products for use by the enrolled child, obtains written approval for use of the products from the enrolled child’s parent; b. Labels the personal products with the enrolled child’s name; and c. Keeps the personal products inaccessible to enrolled children;

“Findings: Based on the Compliance Officer and Compliance Officer supervisors' observations, it was determined that 4 diaper changing ointments contained the first name and last initial of the child.”

AAC R9-5-503.A.2. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains: 2. A hand-washing sink next to the diaper changing surface for staff use when changing diapers and for washing an enrolled child during or after diapering that provides: a. Running water between 86° F and 110° F, b. Soap from a dispenser, and c. Single-use paper hand towels from a dispenser;

“Findings: Based on the Compliance Officer and Compliance Officer supervisors' observations, in Room 10's diaper changing area, the water temperature measured at 69° F, rather than 86° F and 110° F as required.”

AAC R9-5-602.A. A. A licensee shall ensure that the facility meets the following square footage requirements for indoor activity areas based on the child care services classifications:1. At least 35 square feet of indoor activity space for each infant and 1-year-old child; 2. At least 25 square feet of indoor activity space for each child who is not an infant or 1-year-old child; and 3. When 1-year-old children are grouped together with children older than 1-year-old children in the same activity area, at least 35 square feet of indoor activity space for each child.

“Findings: Based on the Compliance Officers' observations and staff statement, in Room 5, there were 28 children present. The room is licensed for 13 children only. Staff stated they thought it was ok since it was just for circle time.”

AAC R9-5-605.B.9. B. A licensee shall ensure that: 9. Fans are mounted and inaccessible to an enrolled child;

“Findings: Based on the Compliance Officers' observations, in Room 1, there was an unmounted white fan on a shelf accessible to the children present in the room.”

AAC R9-5-501.A.14. A. A licensee shall ensure that: 14. Temperatures are maintained between 68° F and 82° F in each room used by enrolled children;

“Findings: Per allegation and based on facility documentation, the Compliance Officers' observations, and staff statements, on July 4, 2025, the air temperature inside the building was 90 degrees F prior to children being sent home. Staff stated the following: *The air was broken but I don't remember what day it was. *The air was broken in the Primary room. *We didn't realize it was going to get hot. *I didn't think there was enough air in the Toddler room so I had a tune up on the air conditioner. *One air conditioner was blowing warm air. *The temperature in the Toddler room was over 90 degrees, but it was bearable with 2 tower fans and 2 swamp coolers on. The temperature was then 85 degrees. *The air was broken when we arrived at the facility in the morning, but we didn't realize it was going to get hot. *It got warm in that room in the afternoon. *The air conditioner was blowing warm air. On July 7, 2025, the air temperature in Room 5 was fluctuating between 84.3 - 87.6 while the Compliance Officers were on site.”

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 Officers' observations, in the Kitchen area, there was a container of Glass Cleaner on the counter, accessible to enrolled children. Children were observed walking around near and through the kitchen area.”

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.

“Finding: Based on facility documentation and the Compliance Officers' observations, in Room 5 (3's and up), there were 28 children present and 22 children were marked on the roster.”

AAC R9-5-510.A.2. A. A licensee shall ensure that a staff member: 2. Teaches, models, and encourages orderly conduct, personal control, and age-appropriate behavior;

“Findings: Per allegation, based on the Compliance Officers' observations of a video and staff statement, Staff #1 failed to teach, model and encourage orderly conduct in the Toddler room. Staff #1 was heard in a loud voice stating "nope, nope, nope, nope, nope... you had all the chances in the world, you had all the chances in the world" while carrying Child #1 who was crying and placed the child in a highchair. Staff stated: *Sometimes using a loud voice is the only way to get their attention and not focus on their behavior.”

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 facility documentation, the Compliance Officer's observation and staff statement, on the patio, there were 5 children present and no roster. Staff stated they forgot to bring the roster outside.”

AAC R9-5-510.B.4. B. A licensee shall ensure that a staff member does not use or permit:4. Discipline associated with: a. Eating, napping, sleeping, or toileting; b. Medication; or c. Mechanical restraint; or

“Findings: Per allegation, based on the Compliance Officers' observations of a video and staff statements, Staff #1 used a form of discipline associated with mechanical restraint. Child #1 was restrained in a high chair for a few minutes to be disciplined. Staff stated the following: *I believed it was a safer route for the child to be placed in a high chair. *Staff #1 placed Child #1 in a high chair because it was the closest chair. *Child #1 was placed in a high chair for 3 - 4 minutes because the child was kicking kids really badly.”

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 Compliance Officers' observations, the following hazards were observed on the facility playgrounds: *There was cracked and broken white laminate, and wooden shelving with sharp edges located on the patio. *There were exposed pieces of black fabric protruding from the ground throughout the playground. *There were rusted screw ends located inside the colorful house on the North side of the playground. *There was rust all along the bottom of the exterior fence located near the parking lot. *There were several electric cords near the running water of the handwashing sink located above the sink.”

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete a Department-provided Emergency, Information, and Immunization Record card that is signed by the enrolled child’s parent containing: 1. The child’s name, home address, city, state, zip code, home telephone number, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, city, state, zip code, and contact telephone number of each parent of the child; 4. The name and contact telephone number of at least two individuals authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted; 5. The name and contact telephone number of the child’s health care provider; 6. The written authorization for emergency medical care of the enrolled child when the parent cannot be contacted at the time of the emergency; 7. The name of the individual to be contacted in case of injury or sudden illness of the child; 8. The written instructions of a child’s parent or health care provider for nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(9); and 9. A written record completed by the child’s parent or health care provider noting the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance.

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that 4 out of 17 enrolled children's Emergency, Information, and Immunization Record cards reviewed lacked the following required information: Child #1: The backside of the form. Child #2: The name of the individual to be contacted in case of injury or sudden illness of the child. Child #3: The date of enrollment. Child #4: The home address, city, zip code, and contact telephone number of the 2nd parent or guardian of the child.”

AAC R9-5-203.E. E. If a staff member possesses a fingerprint clearance card that was issued before the staff member became a staff member at the facility, a licensee shall:1. Contact the Department of Public Safety before the individual becomes a staff member to determine whether the fingerprint clearance card is valid; and 2. Document this determination, including the name of the staff member, the date of contact with the Department of Public Safety, and whether the fingerprint clearance card is valid.

“Findings: Based on the Compliance Officer's review of Staff #4's file and on a discussion with the Director, it was determined that the staff's fingerprint clearance card was issued in 2021. The Director acknowledged that she had not verified the fingerprint clearance card's validity, prior to the staff's employment date 1/17/24. The card was determined to be valid at the time of the inspection.”

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 the Director's observations, a ratio of 1:11 was observed when the 1-2-year-old classroom was outside on the patio. The second staff left the patio to go inside the classroom to retrieve the snack for the children.”

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 Director's observations, various chemicals, including Raid bug spray, a gallon of bleach, 9 containers of disinfectant wipes and 2 bottles of Toilet cleaner, were accessible to children in the bathroom near the kitchen. The items were stored on a low shelf and in a unlocked cabinets at height accessible to children.”

AAC R9-5-501.C.9. C. A licensee shall ensure that a staff member:9. Does the following when a parent permits or asks a staff member to apply personal products on an enrolled child, such as petroleum jelly, diaper rash ointments, sun screen or sun block preparations, toothpaste, and baby diapering preparations: a. Obtains the enrolled child’s personal products from the enrolled child’s parent or, if the licensee provides the personal products for use by the enrolled child, obtains written approval for use of the products from the enrolled child’s parent; b. Labels the personal products with the enrolled child’s name; and c. Keeps the personal products inaccessible to enrolled children;

“Findings: Based on the Compliance Officer's and the Director's observations, the following was noted regarding personal products in the Toddler room: 1) Four personal products, including diapering cream and wipes were not labeled with the child's first and last name; and 2) Six personal items, including diapering cream and wipes were found stored on the floor in bins and were accessible to children.”

AAC R9-5-509.C.22. C. A licensee shall ensure that:22. A refrigerator at the child care facility maintains a temperature of 41° F or below, as shown by a thermometer kept in the refrigerator at all times;

“Findings: Based on the Compliance Officer's and the Director's observations, there was not a thermometer in refrigerator in the Toddler room that is used to store the children's food.”

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 the Director's observations, the following items were observed stored on the floor of the bathroom located next to the kitchen: *A clothing basket of towels, a plastic bin storage bin with various items, a bucket, brooms and a mop.”

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 the Director's observations, the following hazards were observed on the outside playground near the garden area: *A 6 X 9 cylinder block was lying on the ground; *A wood slat from the roof of the wooden play house was missing, leaving several, sharp protruding screws and nails.”

AAC R9-5-605.B.9. B. A licensee shall ensure that: 9. Fans are mounted and inaccessible to an enrolled child;

“Findings: Based on the Compliance Officer's and the Director's observations, 2 unmounted black, tower floor fans were observed in the Main room and in the Toddler room and the fans were accessible to children.”

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 observation and a discussion with the staff, the roster in the Geography room listed 10 children as present, but only 9 children were present in the room.”