Learning Works Preschool

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 facility documentation and the Compliance Officer’s observation, it was determined that the prescription medication for child #1 expired in 07/2025 and the medication had not been returned to the parent.”

AAC R9-5-301.G. G. A licensee shall ensure that a staff member who has current certification in adult and pediatric first aid and CPR, as required by R9-5-403(E), is present: 1. At all times during hours of operation on facility premises, 2. On field trips, and 3. While transporting enrolled children in a facility’s motor vehicle or a vehicle designated by the licensee to transport enrolled children.

“Findings: Based on facility documentation and the Compliance Officer's observations, Staff #2 (start date 04/04/2023) would transport enrolled children on the facility van, the file for Staff #3 lacked current training in CPR and First Aid. The card on file expired on 03/13/2025.”

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 facility documentation and Compliance Officer's observation, it was determined that Staff #3's start date was 07/01/2024 and the Fingerprint Clearance Card was verified to be valid on 07/12/2024, after the staff member's start date rather than prior to as required.”

AAC R9-5-203.D. D. A licensee shall ensure that each staff member submits to the licensee a copy of the staff member’s valid fingerprint clearance card each time the fingerprint clearance card is issued or renewed every five years.

“Findings: Based on facility documentation and the Compliance Officer's observations, it was determined that the file for Staff #1 (start date 01/25/2017) lacked a copy of the fingerprint clearance card. The fingerprint clearance card was validated through the DPS website during the time of the inspection.”

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 Compliance Officer #1's observation, in the Threes classroom, there were 5 outlets that lacked covers on the power strip, on the counter by the east wall next to the cots.”

AAC R9-5-503.B. B. A licensee shall ensure that a staff member does not:1. Permit a bottle, formula, food, eating utensil, or food preparation in a diaper changing area; 2. Draw water for human consumption from a diaper changing area sink; or 3. Except as provided in subsection (C), if responsible for food preparation, change diapers until food preparation duties have been completed for the day.

“Findings: Based on Compliance Officer #1's observation, in the Twos classroom, there was white and orange colored food debris in the diaper changing area's hand washing sink.”

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 Compliance Officer #1's observation, it was determined that the Ones classroom lacked a current lesson plan. The posted lesson plan was dated 10/21/2024-10/25/2024.”

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 Compliance Officer #1's observation, in the Three's classroom, there were 12 AAA and 8 AA batteries in a tray on top of the low shelf accessible to enrolled children.”

AAC R9-5-309.C. C. A licensee shall maintain on facility premises: 1. A current fire inspection report including documentation of any repairs or corrections required by the fire inspection report; and 2. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a current gas inspection report including documentation of any repairs or corrections required by the gas inspection report.

“Findings: Based on facility documentation and Compliance Officer #2's observation, it was determined that the Licensee lacked a current violation-free fire inspection report as required. The inspection on file expired on 12/21/2023.”

AAC R9-5-203.C. C. Except as provided in A.R.S. § 41-1758.03, a licensee shall ensure that each staff member, before starting date of employment or volunteer service, submits to the licensee a copy of the staff member’s valid fingerprint clearance card,front and back, issued under A.R.S. Title 41, Chapter 12, Article 3.1.

“Findings: Based on Compliance Officer #2's observations, the files for Staff #1 (start date 01/25/2017) and Staff #2 (start date 04/04/2023) lacked copies of their fingerprint clearance cards.”

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 Compliance Officer #1's observation, in the outdoor activity area, there was food waste in an uncovered container on the south wall by the door.”

AAC R9-5-503.A.1. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains: 1. A nonabsorbent, sanitizable diaper changing surface that is: a. Seamless and smooth, and b. Kept clear of items not required for diaper changing;

“Findings: Based on Compliance Officer #1's observation, in the Twos/Threes classroom there was a bottle of water on the diaper changing surface.”

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 Compliance Officer #1's observation, in the Ones/Twos classroom, there were split seams with frayed fabric edges on the back of the adult chair. There were ink marks on the lower part of the walls and on the tables.”

AAC R9-5-512.C. C. A licensee shall ensure that floor coverings are: 1. Clean; and 2. Free from: a. Dampness, b. Odors, and c. Hazards.

“Findings: Based on Compliance Officer #1's observation, in the Fours/Fives classroom, there was paper towel and an animal cracker on the floor next to the garbage can by the north wall.”

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 Compliance Officer #1's observations, in the Ones/Twos classroom, there was dried purple stains on the green and yellow foam blocks. In the Twos/Threes classroom's toilet room, there were scratches and areas with a dark discoloration on the toilet seat and on the sides of the toilet bowl. In the Fours/Fives classroom there was paneling peeling away and exposing particle board on the left side of the sink vanity.”

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 facility documentation, staff statements, and Compliance Officer #1's observation, it was determined that the medication for Child #10 had expired on 01/19/2021 and had not been returned to the parent. Staff stated they "couldn't remember the last time Child #10 had taken it".”

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 Compliance Officer #1's observations, in the Ones/Twos classroom, there were 5 packages of wipes labeled with the first name only rather than first and last name as required and 1 package of wipes lacked a label with the enrolled child's name. In the Twos/Threes classroom there were 5 packages of wipes labeled with the first name only rather than first and last name as required and 2 packages of wipes lacked a label with the enrolled children's names.”

AAC R9-5-501.A.21. A. A licensee shall ensure that: 21. Except when used as part of an activity, the following are stored in an area inaccessible to an enrolled child: a. Garden tools, such as a rake, trowel, and shovel; and b. Cleaning equipment and supplies, such as a mop and mop bucket.

“Findings: Based on Compliance Officer #1's observation, in the hallway next to the Threes/Fours toilet room, a dust pan a broom was leaning against the wall and accessible to enrolled children.”

AAC R9-5-501.A.13. A. A licensee shall ensure that: 13. Toys and play equipment, required in this Article, are maintained: a. Free from hazards, and b. In a condition that allows the toy or play equipment to be used for the original purpose of the toy or play equipment;

“Findings: Based on Compliance Officer #1's observations, in the Ones/Twos and Fours/Fives classrooms, there was torn vinyl with exposed foam on the armrests of the blue couches.”

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 Compliance Officer #1's observations, the following hazards were accessible to enrolled children: In the Ones/Twos classroom, the top left corner of duct tape was peeling away from the wood on the top step of the step stool. In the Twos/Threes classroom, there was peeling paint with exposed drywall on the south wall in the reading center. In the Fours/Fives classroom, the thermostat lacked a cover and had exposed internal parts on the east wall. In the Fours/Fives there was peeling paint with exposed drywall above the garbage can next to the sink.”

AAC R9-5-403.A. A. Within 10 calendar days of the starting date of employment or volunteer service, a licensee shall provide, and each staff member who provides child care services shall complete, training for new staff members that includes all of the following: 1. Facility philosophy and goals; 2. Names and ages of and developmental expectations for enrolled children for whom the staff member will provide child care services; 3. Health needs, nutritional requirements, any known allergies, and information about adaptive devices of enrolled children for whom the staff member will provide child care services; 4. Lesson plans; 5. Child guidance and methods of discipline; 6. Hand washing techniques; 7. Diapering techniques and toileting, if assigned to diaper changing duties; 8. Food preparation, service, sanitation, and storage, if assigned to food preparation; 9. If a staff member is assigned to feeding infants, the preparation, handling, and storage of infant formula and breast milk; 10. Recognition of signs of illness and infestation; 11. Child abuse or neglect detection, prevention, and reporting; 12. Accident and emergency procedures; 13. Staff responsibilities as required by A.R.S. Title 36, Chapter 7.1, Article 1 and this Chapter; 14. Sun safety policies and procedures; 15. Safety in outdoor activity areas; 16. Transportation procedures, if applicable; and 17. Field trip procedures, if applicable.

“Findings: Based on facility documentation and Compliance Officer #2's observations, it was determined that: The file for Staff #1 (start date 04/05/2023) lacked a date on the form used for the 10-day training for new staff members. The file for Staff #3 (start date 09/05/2023) lacked documentation for the 10-day training for new staff members. The file for Staff #4 (start date 09/19/2023) lacked the Director's signature on the form used for the 10-day training for new staff members.”

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 Officer #1's observation, in the outdoor activity area, there was a hose laying in the woodchips in front the Fours/Fives outside classroom door.”

AAC R9-5-301.F. F. A licensee shall ensure that a staff member submits, on or before the starting date of employment or volunteer services, one of the following as evidence of freedom from infectious active tuberculosis: 1. Documentation of a negative Mantoux skin test or other tuberculosis screening test recommended by the U.S. Centers for Disease Control and Prevention, administered within 12 months before the starting date of employment or volunteer service, that includes the date and the type of tuberculosis screening test; or 2. If the staff member has had a positive Mantoux skin test or other tuberculosis screening test, a written statement that the staff member is free from infectious active tuberculosis that is signed and dated by a health care provider within six months before the starting date of employment or volunteer service.

“Findings: Based on facility documentation and Compliance Officer #2's observation, it was determined the Mantoux skin test (read on 07/30/2022) for Staff #3 (start date 09/05/2023) was not administered within 12 months of the starting date of employment.”

AAC R9-5-402.A. A. A licensee shall maintain a file for each staff member containing: 1. The staff member’s name, date of birth, home address, and telephone number; 2. The staff member’s starting date of employment or volunteer service; 3. The staff member’s ending date of employment or volunteer service, if applicable; 4. The name and telephone number of an individual to be notified in case of an emergency; 5. The staff member’s written statement attesting to current immunity against measles, rubella, diphtheria, mumps, and pertussis; 6. The form required in A.R.S. § 36-883.02(C); 7. Documents required by R9-5-203; 8. Documents required by R9-5-301; 9. Documents required by R9-5-401, if applicable; 10. If applicable: a. The form required in A.R.S. § 8-804(I), b. Documentation of the submission required in A.R.S. § 8-804 and the information received as a result of the submission, and c. Documentation of training provided by a licensee as required by R9-5-403, if applicable; 11. A copy of any current license or certification required by A.R.S. Title 36, Chapter 7.1, Article 1. or this Chapter; and 12. Documentation of the requirements in A.R.S. § 36-883.02(D).

“Findings: Based on facility documentation and Compliance Officer #2's observation, it was determined that the file for Staff #1 (start date 04/05/2023) lacked the following: Documentation of the staff members' written statement attesting to current immunity against measles, rubella, diphtheria, mumps, and pertussis. Documentation of 2 good faith efforts to contact professional references.”

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, the Assistant Director's statement, and the Compliance Officer's observation, it was determined that Staff #4 (start date 09/19/2023) is a teacher-caregiver, the Assistant Director stated that Staff #4 "is left alone" with enrolled children. Staff #4 is not qualified as a teacher-caregiver because the file lacked documentation of at least 6 months of child care experience.”

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 Compliance Officer #2's observations, it was determined that the files for Staff #1 (start date 04/05/2023), Staff #2 (start date 10/26/2023), Staff #3 (start date 09/05/2023), and Staff #4 (start date 09/19/2023) lacked the correct Criminal History Affidavit form. It was determined that the file for Staff #2 (start date 10/26/2023), lacked the correct DCS Central Registry Clearance Form. The file for Staff #4 (start date 09/19/2023), lacked a DCS Central Registry Clearance Form (dated 10/05/2023) that was completed prior to the staff's start date as required.”

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 facility documentation and Compliance Officer #2's observations, it was determined the files for Staff #1 (start date 04/05/2023), Staff #2 (start date 10/26/2023), Staff #3 (start date 09/05/2023), and Staff #4 (start date 09/19/2023) lacked documentation that the Fingerprint Clearance Cards for Staff #1(issued 01/03/2023), Staff #2 (issued 01/29/2021), Staff #3 (issued 10/06/2020), and Staff #4 (issued 10/05/2022) were valid before the staff member's start dates. The fingerprint clearance cards were verified to be valid through the DPS website at the time of the inspection.”

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. A statement, signed by the enrolled child’s 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. A statement, signed by the enrolled child’s parent, that the enrolled child is being raised in a religion whose teachings are in opposition to immunization.

“Findings: Based on facility documentation and Compliance Officer #2's observation, it was determined that the Emergency, Information, and Immunization Record card for Child #2, lacked an attached written immunization record.”

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 Compliance Officer #2's observations, it was determined that 9 out of 15 enrolled children's Emergency, Information and Immunization Record cards reviewed lacked the following required information: Child #1, Child #2, Child #7, and Child #8: The phone number of the child's health care provider. Child #3, Child #4, Child #5, and Child #6: The name, address, and phone number of the second parent. Child # 9: The phone number of the child's health care provider. The name, address, and phone number of the second parent.”

AAC R9-5-503.B. B. A licensee shall ensure that a staff member does not: 1. Permit a bottle, formula, food, eating utensil, or food preparation in a diaper changing area; 2. Draw water for human consumption from a diaper changing area sink; or 3. Except as provided in subsection (C), if responsible for food preparation, change diapers until food preparation duties have been completed for the day.

“Findings: Based on staff statements and Compliance Officer #1's observation, in the Twos/Threes classroom there were flecks of cottage cheese in the hand washing sink from the morning snack. Staff stated it "may be from a spoon being rinsed off".”

AAC R9-5-507.A.2. A. A licensee providing child care services for a child with special needs shall: 2. If an enrolled child with special needs does not have an existing individualized plan, obtain from the enrolled child’s parent written instructions for providing services to the enrolled child until a written individualized plan required in subsection (A)(1) is developed by a team consisting of staff members, the enrolled child’s parent, and health care providers that is completed within 30 calendar days after the enrolled child’s initial date of receiving child care services;

“Per Allegation Findings: Based on facility documentation, staff statements, and the Compliance Officers' observations, it was determined that the file for Child #1 lacked an Individualized Plan. Staff stated that they were not aware that an Individualized Plan was needed.”