NC GS 110-90 · Violation

Name of Operation: Kay's Learning Academy Facility ID: 55000198 Consultant: KRISTEN R. MAUNEY Operation Type: Center Case Number: Visit Date: 12/16/2025 Number Present: 19 Completed Date: 12/16/2025 Age: From 1 To 5 Total Minutes: 201 Time In: 01:24 PM Time Out: 04:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your program for compliance with applicable child care requirements for a routine unannounced visit and to monitor compliance with the Notice of Administrative Action Written Reprimand issued on October 14, 2025. You, Tekayla Poole, Owner/Administrator, assisted me with the visit. You provided me with applicable program and staff records for review. The Notice of Administrative Action and cover letter were observed posted on the wall beside the entrance door, located in the lobby as you enter the facility, adjacent to space #1. As a reminder, the Notice of Administrative Action and cover letter must be posted for three months visible to parents and visitors near the entrance of your child care facility, regardless of whether the Notice of Administrative Action is appealed. I reviewed The Notice of Administrative Action with you via telephone on October 24, 2025, and again during today’s visit. You stated you submitted an appeal by the required deadline. The most recent annual compliance visit was conducted on July 17, 2025. This program currently operates with a Three star rated license issued on September 30, 2025, meeting daytime care only, meets enhanced ratios, no cooking allowed, children under 2 ½ years old in rooms with direct exits only, and children must play in fenced-in area. The license was posted and the restrictions were in compliance. This facility has earned five points in program standards, one point in education, and one quality point for using an age/developmentally appropriate curriculum. You stated you use Creative Curriculum and Mother Goose Time. The program’s compliance history was 83 percent prior to today’s visit. The North Carolina Secretary of State website was reviewed on December 16, 2025, and Kay’s Learning Academy LLC was listed as current-active. If any changes to the corporation need to be made or you decide to sell your business, then you must notify me, your consultant, at least thirty days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location, or inherited. Limited monitoring was conducted. A walkthrough of the facility was completed today, and all indoor and outdoor areas were monitored. I observed children in the indoor learning environment and found supervision and staff/child ratios to be in compliance. Children throughout the facility were observed during nap, handwashing routines, snack, and free play activities indoors. Records for one new staff member, two substitutes, and applicable records for existing staff members were reviewed. Staff were listed on the ABCMS Provider Portal roster for this facility. The most recent approved fire inspection for your facility was conducted on March 27, 2025. The most recent sanitation inspection for your facility was conducted on December 9, 2025. A superior sanitation classification was issued with 4 demerits noted on the grade card. The analysis date for the most recent lead water test was April 1, 2024. Lead testing must be completed every three years. You may review your facilities results by visiting https://www.cleanwaterforuskids.org/en/carolina/. This website also indicated this facility is exempt from required asbestos and lead-based paint testing. The most recent monthly fire drill was conducted on November 26, 2025, at 10:00am. The most recent quarterly lockdown/shelter-in-place drill was conducted on November 25, 2025, at 9:30am. The facilities EPR Plan was updated on November 24, 2025. The most recent monthly playground inspection was completed on November 26, 2025, by Tekayla Poole. Violations observed today were discussed with you and documented in the Visit Summary left with you at the conclusion of this visit. The following violations were observed: Violation Number Comment Rule 608 Children did not wash their hands upon arrival at the center, after each visit to the toilet, before eating, before and after water activity play, after outside play, and after handling animals or animal cages. In space #2a, three children did not have their hands washed prior to eating snack. 15A NCAC 18A .2803(c) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. A visual sleep check was documented for one sleeping infant, eleven months of age, on November 17, 2025, at 1:16pm and was not checked again until 1:37pm; on November 19, 2025, at 1:45pm and was not checked again until 2:03pm; and on December 11, 2025, at 2:22pm and was not checked again until 2:39pm .0606(g) The violations documented above must be corrected immediately. On or before December 30, 2025, I must receive a written, dated, and signed compliance letter that describes accurately and in detail how and when the violations were corrected. Please be aware that any information submitted by you is considered legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. Mail or email the information to: Kristen Mauney, Child Care Consultant PO Box 674 Denver, NC 28037 Kristen.Mauney@dhhs.nc.gov If you email the compliance letter, it must be sent from the email address registered with DCDEE (this serves as your signature) and the following information must be included: name, position, facility name, and facility ID number. The email address listed for this facility is tpoole@kayslearningacademy.com. Child care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4)(d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. Failure to correct the violations and send the written statement by the due date may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. The Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Technical Assistance was provided on the following: Handwashing- -I reviewed handwashing requirements with you and staff during the visit. I suggested that you request handwashing training for your staff from the Partnership for Children. You may access resources regarding handwashing routines by visiting www.ncrlap.org. The NC Health and Safety Resource Center designs posters to improve health and safety practices in early care and education programs. Early care and education programs can download posters or order them free of cost at https://healthychildcare.unc.edu/resources/posters/. Child care center employees shall ensure that children wash their hands as follows: (1) upon arrival at the child care center; (2) after each diaper change or visit to the toilet; (3) before eating meals or snacks; (4) before and after water play; (5) after being outdoors; and (6) after handling animals or animal cages. (d) Except when the action that necessitates handwashing is diapering and before eating meals or snacks, hand antiseptics may be used in lieu of handwashing while a child is outdoors, provided that the child's hands are washed when the child returns indoors. Safe Sleep Checks- -Visually checking on sleeping infants every fifteen minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist staff with remembering to visually check sleeping infants. Consultation: We discussed the following during the visit: -As a reminder, the Notice of Administrative Action and cover letter must be posted for three months, until January 14, 2026, visible to parents and visitors near the entrance of your child care facility, regardless of whether the Notice of Administrative Action is appealed. -I reminded you and staff members to ensure each child is offered at least two meal components for snack. Children who are served water must receive two meal components, such as crackers (snack) and cheese (protein/meat alternate). You may visit https://www.fns.usda.gov/cacfp/meals-and-snacks for additional information regarding meal components. -We discussed replacing the diaper changing pads. QRIS Pathways to the Stars: -I suggested that you begin reviewing the new QRIS Pathway to Stars by visiting https://ncchildcare.ncdhhs.gov/Provider/Licensing/Star-Rated-License/QRIS-Modernization. Your next rated license reassessment is due January 2028. For the latest information on child care rules and regulations, please visit the Division of Child Development and Early Education's website at https://ncchildcare.ncdhhs.gov/. Thank you for your time and assistance today. If you have any questions about today’s visit, please contact me or my supervisor, Tammy McGalliard, at Tammy.McGalliard@dhhs.nc.gov. If I can be of further assistance, you may contact me at 704-853-9196 or Kristen.Mauney@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

10A NCAC 09 .0713 · Violation

Name of Operation: Kay's Learning Academy Facility ID: 55000198 Consultant: KRISTEN R. MAUNEY Operation Type: Center Case Number: Visit Date: 9/8/2025 Number Present: 13 Completed Date: 9/8/2025 Age: From 0 To 4 Total Minutes: 270 Time In: 10:00 AM Time Out: 02:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Unannounced Visit Follow-Up Announced/Unannounced: Unannounced The purpose of today’s unannounced follow up visit was to verify correction of staff to child ratio and supervision violations observed during the Temporary Time Period visit conducted on August 28, 2025. The visit was conducted with you, Tekayla Poole, Administrator. The program’s compliance history was 82 percent as of September 8, 2025. Child care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The North Carolina Secretary of State website was viewed before the visit and Kay’s Learning Academy, LLC was active/ not current as of September 5, 2025. I provided you with a printout from the website that indicated your business entity was delinquent in filing an annual report, which may cause it to be administratively dissolved/revoked. During the visit, you paid your annual report online and provided me with proof of payment. The North Carolina Secretary of State website was viewed again during the visit and Kay’s Learning Academy, LLC was listed as current/active. Limited monitoring was conducted. I arrived to the facility at 10:00am and rang the doorbell at the entrance leading to space #1. While waiting for someone to answer the door, I observed a parent exiting the front door that leads to space #2a at approximately 10:02am. I rang the doorbell a second time and two children four years of age opened the front door. I entered the facility into the open lobby area and scanned space #1 and did not observe a staff member. A staff member turned the corner from the doorway to space #2a carrying a child one year of age. The staff member confronted the two children about opening the front door and told them not to open the front door. At that time, seven children eight months to four years of age were observed in space #1 with one staff member. After gathering information from the staff member, you entered space #1 from space #2a and asked the staff member when the infant and one year old child arrived. According to the BrightWheel app, the infant was signed in at 10:00am by the child’s parent via telephone and one child one year of age was signed in at 10:08am by you. You stated your cut off time for arrival is 9:30am. In space #2a, six children, one to three years of age, were observed with two staff members. Later during the visit, the eight-month-old infant and one child one year of age were moved from space #1 to space #2b. You remained with the children in space #1 and the staff member in space #1, went to space #2b. Children were observed during free play activities indoors and gross motor activities outdoors. Violations observed today were discussed with you and documented in the Visit Summary left with you at the conclusion of this visit. The following violations were observed: Violation Number Comment Rule 303 Children were not adequately supervised at all times. The Child Care Consultant arrived at the facility at 10:00am and rang the doorbell at the front door entrance leading to space #1. The Child Care Consultant rang the doorbell a second time and two children four years of age opened the front door. The Child Care Consultant entered the facility into the open lobby area and scanned space #1 and did not observe a staff member. F. Poole, Teacher, turned the corner from the doorway leading to space #2a carrying a child one year of age. F. Poole confronted the two children about opening the front door and told them not to open the front door. At that time, seven children eight months to four years of age were observed in space #1 with one staff member. .1801(a)(1-5) 316 Children under one year of age were not kept separate from children two years and older. In space #1, one infant eight months of age was grouped with one child one year of age, one child three years of age, and four children four years of age, with one staff member. The infant was observed in a bouncy seat while in space #1. The child one year of age was observed in a highchair eating a snack while in space #1. 10A NCAC 09 .0713(a)(5) The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the violation item number, statement of compliance, date of the visit and license ID number in the letter. I must receive your compliance statement by September 22, 2025. Please send your letter to Kristen.Mauney@dhhs.nc.gov. Failure to correct the violations and send the written statement by the due date may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. The Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Please be aware that any information submitted by you is considered legal documentation. If you state in your violation correction letter that corrections have been made when they have not, it will be considered falsification of information. Due to the nature of the violations observed, an unannounced follow-up visit will be conducted. Based on two repeated violations regarding staff to child ratio and supervision, an administrative action may be recommended. Technical Assistance was provided on the following: -Supervision- This is a repeated violation from the visit conducted on August 28, 2025. The same two children opened the door for the Consultant from the incident that occurred on August 28, 2025. We discussed supervision requirements, specifically that staff must know where each child is located and be aware of the children’s activities at all times. I suggested adding a different gate to divide the front lobby area and space #1 so that children cannot access the lobby area unsupervised. It is important that staff be aware of children’s behaviors and be proactive with ensuring a safe environment for each child in their care. Children must be adequately supervised at all times in child care centers. Adequate supervision means that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. I suggested you thoroughly review this rule with all staff members at this time, and annually at a staff meeting. -Staff to child ratio- This is a repeated violation from the visit conducted on August 28, 2025. I suggested different options for grouping children based on the enrollment and staffing that were currently available. When combining age groups, the staff/child ratio for the youngest child in the group must be maintained for the entire group. Children of all ages may be cared for together in groups for the first and last operating hour of the day, provided the staff/child ratio for the youngest child in the group is maintained. I suggested you review staff to child ratio requirements with all staff members at this time, and annually at a staff meeting. Instruct staff to utilize the staff to child ratio worksheet posted in each space to reference minimum staff to child ratio requirements. I suggested adding ages on attendance records or post ages and birthdates on the wall to reference children’s ages. 10A NCAC 09 .0713(a) (1) when combining age groups, the staff/child ratio for the youngest child in the group shall be maintained for the entire group; (2) children of all ages may be cared for together in groups for the first and last operating hour of the day, provided the staff/child ratio for the youngest child in the group is maintained; (3) a child two years of age and older may be placed with children under one year of age when a physician certifies that the developmental age of the child makes this placement appropriate; (4) when determined to be developmentally appropriate by the operator and parent, a child age two or older may be placed one age level above his or her chronological age without affecting the staff/child ratio for that group. This provision shall be limited to one child per group; (5) except as provided in Subparagraphs (2) and (3) of this Paragraph, children under one year of age shall be kept separate from children two years of age and over; (6) except as provided in Subparagraph (2) of this Paragraph, children between the ages of 12 months and 24 months shall not be grouped with older children unless all children in the group are less than three years of age. Consultation- -I reminded you that your compliance letter from the visit conducted on August 28, 2025, must be received by September 11, 2025. I requested that you email your compliance letter to me to ensure I receive it by the due date. As a reminder, if your compliance letter is not received by the due date, an unannounced follow-up visit may be conducted. -We discussed accurate record keeping, specifically with arrival and departure records. Children must be signed in and out of the facility at their time of arrival and at their time of departure. If parents fail to sign their child in or out, it is the staff member’s responsibility to sign children in and out each day. -We discussed the intention of Child Care Rule 10A NACA 09 .0713(a)(3&4). You were under the impression that a child three years of age could be placed with children one year of age when a physician certifies that the developmental age of the child makes this placement appropriate, however, the rule only specifies that a child two years of age and older may be placed with children under one year of age for this situation. Also, per .0713(4), the rule specifies that a child age two or older may be placed one age level above his or her chronological age, therefore, this situation does not meet this requirement either. We discussed options for staff to child ratio groupings for your program with the children you currently have enrolled. I also reviewed multi-age group staff to child ratio requirements in 10A NCAC 09 .0713(d). Before meeting the ratios outlined in .0713(d) or before changing from multi-age group ratios to single-age group ratios, the operator must notify their Consultant in writing. .0713(3) a child two years of age and older may be placed with children under one year of age when a physician certifies that the developmental age of the child makes this placement appropriate .0713(4) when determined to be developmentally appropriate by the operator and parent, a child age two or older may be placed one age level above his or her chronological age without affecting the staff/child ratio for that group. This provision shall be limited to one child per group. -Your facility meets minimum requirements regarding staff/child ratios. The staff/child ratios and group sizes for single-age groups of children in centers shall be as follows: Age of Children (Ratio Staff/Children)-Maximum Group Size 0 to 12 Months (1/5)-10 12 to 24 Months (1/6)-12 2 to 3 Years (1/10)-20 3 to 4 Years (1/15)-25 4 to 5 Years (1/20)-25 5 Years and Older (1/25)-25 Stay up to date with the Division of Child Development and Early Education by visiting https://ncchildcare.ncdhhs.gov. This website enables you to view the entire Law and Child Care Requirements for North Carolina as well as download required forms. I encourage you to click on the "What's New" tab for important updates impacting child care in North Carolina. Thank you for your time and assistance today. If you have any questions about today’s visit, please contact me or my supervisor, Tammy McGalliard, Tammy.McGalliard@dhhs.nc.gov. If I can be of further assistance, you may contact me at 704-853-9196 or Kristen.Mauney@dhhs.nc.gov. Kristen Mauney, Child Care Consultant PO Box 674, Denver, NC 28037 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

NC GS 110-90 · Violation

Name of Operation: Kay's Learning Academy Facility ID: 55000198 Consultant: KRISTEN R. MAUNEY Operation Type: Center Case Number: Visit Date: 9/8/2025 Number Present: 13 Completed Date: 9/8/2025 Age: From 0 To 4 Total Minutes: 270 Time In: 10:00 AM Time Out: 02:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Unannounced Visit Follow-Up Announced/Unannounced: Unannounced The purpose of today’s unannounced follow up visit was to verify correction of staff to child ratio and supervision violations observed during the Temporary Time Period visit conducted on August 28, 2025. The visit was conducted with you, Tekayla Poole, Administrator. The program’s compliance history was 82 percent as of September 8, 2025. Child care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The North Carolina Secretary of State website was viewed before the visit and Kay’s Learning Academy, LLC was active/ not current as of September 5, 2025. I provided you with a printout from the website that indicated your business entity was delinquent in filing an annual report, which may cause it to be administratively dissolved/revoked. During the visit, you paid your annual report online and provided me with proof of payment. The North Carolina Secretary of State website was viewed again during the visit and Kay’s Learning Academy, LLC was listed as current/active. Limited monitoring was conducted. I arrived to the facility at 10:00am and rang the doorbell at the entrance leading to space #1. While waiting for someone to answer the door, I observed a parent exiting the front door that leads to space #2a at approximately 10:02am. I rang the doorbell a second time and two children four years of age opened the front door. I entered the facility into the open lobby area and scanned space #1 and did not observe a staff member. A staff member turned the corner from the doorway to space #2a carrying a child one year of age. The staff member confronted the two children about opening the front door and told them not to open the front door. At that time, seven children eight months to four years of age were observed in space #1 with one staff member. After gathering information from the staff member, you entered space #1 from space #2a and asked the staff member when the infant and one year old child arrived. According to the BrightWheel app, the infant was signed in at 10:00am by the child’s parent via telephone and one child one year of age was signed in at 10:08am by you. You stated your cut off time for arrival is 9:30am. In space #2a, six children, one to three years of age, were observed with two staff members. Later during the visit, the eight-month-old infant and one child one year of age were moved from space #1 to space #2b. You remained with the children in space #1 and the staff member in space #1, went to space #2b. Children were observed during free play activities indoors and gross motor activities outdoors. Violations observed today were discussed with you and documented in the Visit Summary left with you at the conclusion of this visit. The following violations were observed: Violation Number Comment Rule 303 Children were not adequately supervised at all times. The Child Care Consultant arrived at the facility at 10:00am and rang the doorbell at the front door entrance leading to space #1. The Child Care Consultant rang the doorbell a second time and two children four years of age opened the front door. The Child Care Consultant entered the facility into the open lobby area and scanned space #1 and did not observe a staff member. F. Poole, Teacher, turned the corner from the doorway leading to space #2a carrying a child one year of age. F. Poole confronted the two children about opening the front door and told them not to open the front door. At that time, seven children eight months to four years of age were observed in space #1 with one staff member. .1801(a)(1-5) 316 Children under one year of age were not kept separate from children two years and older. In space #1, one infant eight months of age was grouped with one child one year of age, one child three years of age, and four children four years of age, with one staff member. The infant was observed in a bouncy seat while in space #1. The child one year of age was observed in a highchair eating a snack while in space #1. 10A NCAC 09 .0713(a)(5) The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the violation item number, statement of compliance, date of the visit and license ID number in the letter. I must receive your compliance statement by September 22, 2025. Please send your letter to Kristen.Mauney@dhhs.nc.gov. Failure to correct the violations and send the written statement by the due date may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. The Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Please be aware that any information submitted by you is considered legal documentation. If you state in your violation correction letter that corrections have been made when they have not, it will be considered falsification of information. Due to the nature of the violations observed, an unannounced follow-up visit will be conducted. Based on two repeated violations regarding staff to child ratio and supervision, an administrative action may be recommended. Technical Assistance was provided on the following: -Supervision- This is a repeated violation from the visit conducted on August 28, 2025. The same two children opened the door for the Consultant from the incident that occurred on August 28, 2025. We discussed supervision requirements, specifically that staff must know where each child is located and be aware of the children’s activities at all times. I suggested adding a different gate to divide the front lobby area and space #1 so that children cannot access the lobby area unsupervised. It is important that staff be aware of children’s behaviors and be proactive with ensuring a safe environment for each child in their care. Children must be adequately supervised at all times in child care centers. Adequate supervision means that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. I suggested you thoroughly review this rule with all staff members at this time, and annually at a staff meeting. -Staff to child ratio- This is a repeated violation from the visit conducted on August 28, 2025. I suggested different options for grouping children based on the enrollment and staffing that were currently available. When combining age groups, the staff/child ratio for the youngest child in the group must be maintained for the entire group. Children of all ages may be cared for together in groups for the first and last operating hour of the day, provided the staff/child ratio for the youngest child in the group is maintained. I suggested you review staff to child ratio requirements with all staff members at this time, and annually at a staff meeting. Instruct staff to utilize the staff to child ratio worksheet posted in each space to reference minimum staff to child ratio requirements. I suggested adding ages on attendance records or post ages and birthdates on the wall to reference children’s ages. 10A NCAC 09 .0713(a) (1) when combining age groups, the staff/child ratio for the youngest child in the group shall be maintained for the entire group; (2) children of all ages may be cared for together in groups for the first and last operating hour of the day, provided the staff/child ratio for the youngest child in the group is maintained; (3) a child two years of age and older may be placed with children under one year of age when a physician certifies that the developmental age of the child makes this placement appropriate; (4) when determined to be developmentally appropriate by the operator and parent, a child age two or older may be placed one age level above his or her chronological age without affecting the staff/child ratio for that group. This provision shall be limited to one child per group; (5) except as provided in Subparagraphs (2) and (3) of this Paragraph, children under one year of age shall be kept separate from children two years of age and over; (6) except as provided in Subparagraph (2) of this Paragraph, children between the ages of 12 months and 24 months shall not be grouped with older children unless all children in the group are less than three years of age. Consultation- -I reminded you that your compliance letter from the visit conducted on August 28, 2025, must be received by September 11, 2025. I requested that you email your compliance letter to me to ensure I receive it by the due date. As a reminder, if your compliance letter is not received by the due date, an unannounced follow-up visit may be conducted. -We discussed accurate record keeping, specifically with arrival and departure records. Children must be signed in and out of the facility at their time of arrival and at their time of departure. If parents fail to sign their child in or out, it is the staff member’s responsibility to sign children in and out each day. -We discussed the intention of Child Care Rule 10A NACA 09 .0713(a)(3&4). You were under the impression that a child three years of age could be placed with children one year of age when a physician certifies that the developmental age of the child makes this placement appropriate, however, the rule only specifies that a child two years of age and older may be placed with children under one year of age for this situation. Also, per .0713(4), the rule specifies that a child age two or older may be placed one age level above his or her chronological age, therefore, this situation does not meet this requirement either. We discussed options for staff to child ratio groupings for your program with the children you currently have enrolled. I also reviewed multi-age group staff to child ratio requirements in 10A NCAC 09 .0713(d). Before meeting the ratios outlined in .0713(d) or before changing from multi-age group ratios to single-age group ratios, the operator must notify their Consultant in writing. .0713(3) a child two years of age and older may be placed with children under one year of age when a physician certifies that the developmental age of the child makes this placement appropriate .0713(4) when determined to be developmentally appropriate by the operator and parent, a child age two or older may be placed one age level above his or her chronological age without affecting the staff/child ratio for that group. This provision shall be limited to one child per group. -Your facility meets minimum requirements regarding staff/child ratios. The staff/child ratios and group sizes for single-age groups of children in centers shall be as follows: Age of Children (Ratio Staff/Children)-Maximum Group Size 0 to 12 Months (1/5)-10 12 to 24 Months (1/6)-12 2 to 3 Years (1/10)-20 3 to 4 Years (1/15)-25 4 to 5 Years (1/20)-25 5 Years and Older (1/25)-25 Stay up to date with the Division of Child Development and Early Education by visiting https://ncchildcare.ncdhhs.gov. This website enables you to view the entire Law and Child Care Requirements for North Carolina as well as download required forms. I encourage you to click on the "What's New" tab for important updates impacting child care in North Carolina. Thank you for your time and assistance today. If you have any questions about today’s visit, please contact me or my supervisor, Tammy McGalliard, Tammy.McGalliard@dhhs.nc.gov. If I can be of further assistance, you may contact me at 704-853-9196 or Kristen.Mauney@dhhs.nc.gov. Kristen Mauney, Child Care Consultant PO Box 674, Denver, NC 28037 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

10A NCAC 09 .0803 · Violation

Name of Operation: Kay's Learning Academy Facility ID: 55000198 Consultant: KRISTEN R. MAUNEY Operation Type: Center Case Number: Visit Date: 8/28/2025 Number Present: 17 Completed Date: 8/28/2025 Age: From 0 To 4 Total Minutes: 372 Time In: 09:50 AM Time Out: 03:03 PM Time In: 04:06 PM Time Out: 05:05 PM List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor your program for compliance with applicable child care requirements during a Temporary Time Period visit. The visit was conducted with you, Tekayla Poole, Owner/Administrator. You provided me with applicable program and staff records for review. The North Carolina Secretary of State website was viewed before the visit and Kay’s Learning Academy, LLC was current/active as of August 26, 2025. If any changes to the corporation need to be made or you decide to sell your business, then you must notify me, your consultant at least thirty days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location, or inherited. This program currently operates with a Temporary License issued on August 13, 2025. The facilities contact information was reviewed and confirmed with you. The program’s compliance history was 87 percent prior to today’s visit. Child care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. During this Temporary Time Period visit, approved indoor and outdoor spaces were monitored as well as materials, equipment and required posted items for meeting all minimum licensing requirements. All health and safety requirements were monitored today. Children and staff were observed in free play activities indoors, gross motor activities outdoors, lunch, and nap. Records for one new staff employed since your most recent monitoring visit conducted on July 17, 2025, were monitored today. Criminal Background Check qualifying letters for all staff were also monitored. Children’s records were monitored on July 17, 2025; therefore, no additional children’s records were monitored today. The most recent sanitation inspection for your facility was conducted on January 8, 2025. A superior sanitation classification was issued with 4 demerits noted on the grade card. The analysis date for the most recent lead water test was April 1, 2024. Lead testing must be completed every three years. You may review your facilities results by visiting https://www.cleanwaterforuskids.org/en/carolina/. This website also indicated this facility was exempt from required asbestos and lead-based paint testing. The most recent approved fire inspection for your facility was conducted on March 27, 2025. The most recent monthly fire drill was conducted on July 31, 2025, at 11:03am. You completed EPR training on June 9, 2025. You must complete an EPR Plan by October 9, 2025. The most recent monthly playground inspection was completed on July 31, 2025, by Tekayla Poole. You stated you do not provide transportation. Violations observed today were discussed with you and documented in the Visit Summary left with you at the conclusion of this visit. The following violations were observed: Violation Number Comment Rule 301 Minimum staff/child ratios and group sizes for the number and ages of children in care were not met. On the playground, two staff members, R. Baker and F. Poole, were observed with seventeen children, seven months to four years of age at approximately 11:30am. In space #2a, one infant seven months of age was grouped with five children one year of age, three children two years of age, and one child three years of age, with two staff members. GS 110-91(7);.0713(a-d) 303 Children were not adequately supervised at all times. Upon arrival, two children four years of age opened the front door to the facility when the child care consultant rang the facilities doorbell. When the child care consultant asked the children where the teacher was, the children replied “not here.” At that time, Tekayla Poole, administrator, walked around the corner from the area leading to space #2a and asked, “did they let you in?” Ms. Poole stated she was delivering muffins to the teachers in the other classroom when the doorbell rang. The two children had left space #1 and entered the front lobby area through a baby gate to open the front door. Seven children, three and four years of age, were present in space #1 during this time. .1801(a)(1-5) 428 A current activity plan was not posted for each group of children for reference. In space #2a, the activity plan posted for reference was dated March 31, 2025, through April 4, 2025. GS 110-91(12); .0508(a) 614 Bed, cribs, playpens, cots or mats were not placed at least 18" apart or separated by partitions when in use. In space #2a, two cots with sleeping children were spaced twelve inches apart. 15A NCAC 18A .2821(e) 848 Questionable medication instructions from parents were followed without signed written dosage instructions received from physician or authorized health professional. Authorization to administer over-the-counter Tylenol to an infant seven months of age did not include dosage instructions from a physician. The manufacturer’s instructions for the Tylenol stated, “under 2 ask a doctor.” 10A NCAC 09 .0803(5) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. In space #2b, documentation of visual safe sleep checks for one seven-month-old infant enrolled on March 17, 2025, for the month of August 2025, were documented in BrightWheel and did not include safe sleep positions or safe sleep checks occurring at least every fifteen minutes. .0606(g) 1534 Personnel records were not maintained on file in the timeframes given by Rule .2318(7). Staff records for a previous staff member, J. Santiago, employed on November 3, 2024, were not maintained for one year after this staff member was no longer employed. The administrator could not recall the date of this staff member’s termination. .2318 (7) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. One staff member, R. Baker, employed on July 1, 2025, was not added to the ABCMS Provider Portal roster. G.S. 110-90.2 & .2703(r) The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the violation item number, statement of compliance, date of the visit and license ID number in the letter. I must receive your compliance statement by September 11, 2025. Please send your letter to Kristen.Mauney@dhhs.nc.gov. Failure to correct the violations and send the written statement by the due date may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. The Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Please be aware that any information submitted by you is considered legal documentation. If you state in your violation correction letter that corrections have been made when they have not, it will be considered falsification of information. Due to the nature of the violations observed, an unannounced follow-up visit will be conducted. Technical Assistance was provided on the following: Staff to child ratio- Your facility meets minimum requirements regarding staff/child ratios. The staff/child ratios and group sizes for single-age groups of children in centers shall be as follows: Age of Children (Ratio Staff/Children)-Maximum Group Size 0 to 12 Months (1/5)-10 12 to 24 Months (1/6)-12 2 to 3 Years (1/10)-20 3 to 4 Years (1/15)-25 4 to 5 Years (1/20)-25 5 Years and Older (1/25)-25 When combining age groups, the staff/child ratio for the youngest child in the group must be maintained for the entire group. Children of all ages may be cared for together in groups for the first and last operating hour of the day, provided the staff/child ratio for the youngest child in the group is maintained. I suggested you review staff to child ratio requirements with all staff members at this time, and annually at a staff meeting. Instruct staff to utilize the staff to child ratio worksheet posted in each space to reference minimum staff to child ratio requirements. I suggested adding ages on attendance records or post ages and birthdates on the wall to reference children’s ages. Supervision- Children must be adequately supervised at all times in child care centers. Adequate supervision means that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. I suggested you review this rule with all staff members at this time, and annually at a staff meeting. I also suggested you implement a head count checklist to ensure all children are accounted for throughout the day. All staff members should be aware of the number of children they are responsible for at all times. We discussed adding a different gate to divide the front lobby area and space #1 so that children cannot access space #1 unsupervised. Staff to child ratio grouping- I suggested you review staff to child ratio requirements with all staff members at this time, and annually at a staff meeting. Instruct staff to utilize the staff to child ratio worksheet posted in each space to reference minimum staff to child ratio requirements. I suggested adding ages on attendance records or post ages and birthdates on the wall to reference children’s ages. 10A NCAC 09 .0713(a) (1) when combining age groups, the staff/child ratio for the youngest child in the group shall be maintained for the entire group; (2) children of all ages may be cared for together in groups for the first and last operating hour of the day, provided the staff/child ratio for the youngest child in the group is maintained; (3) a child two years of age and older may be placed with children under one year of age when a physician certifies that the developmental age of the child makes this placement appropriate; (4) when determined to be developmentally appropriate by the operator and parent, a child age two or older may be placed one age level above his or her chronological age without affecting the staff/child ratio for that group. This provision shall be limited to one child per group; (5) except as provided in Subparagraphs (2) and (3) of this Paragraph, children under one year of age shall be kept separate from children two years of age and over; (6) except as provided in Subparagraph (2) of this Paragraph, children between the ages of 12 months and 24 months shall not be grouped with older children unless all children in the group are less than three years of age. Activity Plan- I suggested that you complete and print your activity plan for the following week each Friday so that it will be posted by Monday morning. Cot/Mat/Crib spacing- Cots or mats must be placed at least eighteen inches apart or separated by partitions when in use. I suggested that you provide staff with a precut string measuring eighteen inches to assist staff with ensuring the cot or mat spacing is in compliance. Safe sleep- Visual safe sleep check records for one infant were unable to be located during the visit. You were previously using BrightWheel to document safe sleep checks, however, safe sleep positions and safe sleep checks occurring every fifteen minutes were not available for review through this app. Documentation verifying staff members’ compliance with visual checks on infants shall be maintained for a minimum of one month. Visually checking on sleeping infants every fifteen minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested that you document safe sleep checks via pen and paper, rather than electronically. I suggested utilizing a timer to assist you with remembering to visually check sleeping infants at least every fifteen minutes. Medication- I suggested that you review all medications to ensure the manufacturer’s instructions on the medication are followed in conjunction with the instructions from the parent. Review manufacturer’s instructions to check appropriate dosage and administering instructions are followed. You may not administer a medication to a child under two years of age without instructions from a physician if the manufacturer’s instructions read “under 2 ask a doctor.” I suggested that you instruct staff to complete monthly checks of medications to ensure compliance with all medication requirements. Record retention- I suggested that you refer to 10A NCAC 09 .2318 of the child care requirements for guidance on record retention. You must keep staff records for a minimum of one year after the employee is no longer employed. Criminal Background roster- Staff information must be updated in ABCMS on an ongoing basis, added within five days of employment as staff members are hired, and updated when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. I suggested that you complete this on the first day of new staff members employment. Four staff are listed under your previous facility ID# for your facility. Since the Lincoln and Catawba county line realignment has taken place, you will need to transfer all staff on your facilities ABCMS Provider Portal roster to your current facility ID#. Reach out to the Criminal Background Check Unit at (919) 814-8401 for assistance with this task. Rated License Assessment: You have requested to use the points that were earned from the previous rated license assessment, completed on April 14, 2025, prior to the facilities change of location, from Catawba County to Lincoln County. The Application for Assessment for a Two Component Star Rated License form was completed by you during the visit. Due to the facility going through a change of location, the previous points achieved from the last star rated license assessment will be used to issue a star rating. Program Standards- The facility completed the Environment Rating Scale and scored a 4.83 on the ITERS-R assessment on December 8, 2025, and scored a 4.89 on the ECERS-R assessment on December 10, 2025. The facility earned an average score of 4.86 and earned five (5) points in program standards. You currently do not have any school age children enrolled, however, depending on the number of school age children enrolled in the future, a SACERS-U assessment may be required. Education Standards- During the previous assessment, the administrator earned two points, the lead teachers earned one point and teachers earned one point. The facility will earn one (1) point in education standards. Quality Point- The facility has earned one (1) quality point for using an approved curriculum, The Creative Curriculum. The facility has earned a total of seven (7) points for a three-star rated license. The rated license will be processed once your compliance letter is received. Consultation: We discussed the following during the visit: -Staff who do not have current CPR and First Aid certification cannot open, close, be alone at the facility caring for children, transport children, or be listed on the Emergency Medical Care Plan to respond to medical emergencies. -We discussed reviewing paperwork for potential applicants. If you feel any information does not appear to be accurate, feel free to contact me for verification or guidance. -Providers can speak to a Behavior Support Advisor for advice and resources specific to the challenging behaviors in their classroom by calling 1-888-600-1685 Option 1. Providers may also submit questions to a Behavior Support Advisor online and receive a call or email in response. In addition, providers may post questions in the ‘Talk to the Expert’ Group on an online network, Social Emotional Connections, for early childhood educators. There are also opportunities to join free webinars on challenging topics or classroom activities. During the visit, I emailed you a flyer including active links to access these resources. I encouraged you to place a copy of the flyer in each classroom so that staff may access the information when needed. -Moodle Support: The Division offers early childhood professionals a wide range of professional development opportunities through our online learning platform Moodle. To get help with Moodle, email at DCDEE_Moodle_Support@dhhs.nc.gov or call (919) 814-6326. Stay up to date with the Division of Child Development and Early Education by visiting https://ncchildcare.ncdhhs.gov. This website enables you to view the entire Law and Child Care Requirements for North Carolina as well as download required forms. I encourage you to click on the "What's New" tab for important updates impacting child care in North Carolina. Thank you for your time and assistance today. If you have any questions about today’s visit, please contact me or my supervisor, Tammy McGalliard, at Tammy.McGalliard@dhhs.nc.gov. If I can be of further assistance, you may contact me at 704-853-9196 or Kristen.Mauney@dhhs.nc.gov. Kristen Mauney, Child Care Consultant PO Box 674, Denver, NC 28037 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

10A NCAC 09 .0713 · Violation

Name of Operation: Kay's Learning Academy Facility ID: 55000198 Consultant: KRISTEN R. MAUNEY Operation Type: Center Case Number: Visit Date: 8/28/2025 Number Present: 17 Completed Date: 8/28/2025 Age: From 0 To 4 Total Minutes: 372 Time In: 09:50 AM Time Out: 03:03 PM Time In: 04:06 PM Time Out: 05:05 PM List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor your program for compliance with applicable child care requirements during a Temporary Time Period visit. The visit was conducted with you, Tekayla Poole, Owner/Administrator. You provided me with applicable program and staff records for review. The North Carolina Secretary of State website was viewed before the visit and Kay’s Learning Academy, LLC was current/active as of August 26, 2025. If any changes to the corporation need to be made or you decide to sell your business, then you must notify me, your consultant at least thirty days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location, or inherited. This program currently operates with a Temporary License issued on August 13, 2025. The facilities contact information was reviewed and confirmed with you. The program’s compliance history was 87 percent prior to today’s visit. Child care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. During this Temporary Time Period visit, approved indoor and outdoor spaces were monitored as well as materials, equipment and required posted items for meeting all minimum licensing requirements. All health and safety requirements were monitored today. Children and staff were observed in free play activities indoors, gross motor activities outdoors, lunch, and nap. Records for one new staff employed since your most recent monitoring visit conducted on July 17, 2025, were monitored today. Criminal Background Check qualifying letters for all staff were also monitored. Children’s records were monitored on July 17, 2025; therefore, no additional children’s records were monitored today. The most recent sanitation inspection for your facility was conducted on January 8, 2025. A superior sanitation classification was issued with 4 demerits noted on the grade card. The analysis date for the most recent lead water test was April 1, 2024. Lead testing must be completed every three years. You may review your facilities results by visiting https://www.cleanwaterforuskids.org/en/carolina/. This website also indicated this facility was exempt from required asbestos and lead-based paint testing. The most recent approved fire inspection for your facility was conducted on March 27, 2025. The most recent monthly fire drill was conducted on July 31, 2025, at 11:03am. You completed EPR training on June 9, 2025. You must complete an EPR Plan by October 9, 2025. The most recent monthly playground inspection was completed on July 31, 2025, by Tekayla Poole. You stated you do not provide transportation. Violations observed today were discussed with you and documented in the Visit Summary left with you at the conclusion of this visit. The following violations were observed: Violation Number Comment Rule 301 Minimum staff/child ratios and group sizes for the number and ages of children in care were not met. On the playground, two staff members, R. Baker and F. Poole, were observed with seventeen children, seven months to four years of age at approximately 11:30am. In space #2a, one infant seven months of age was grouped with five children one year of age, three children two years of age, and one child three years of age, with two staff members. GS 110-91(7);.0713(a-d) 303 Children were not adequately supervised at all times. Upon arrival, two children four years of age opened the front door to the facility when the child care consultant rang the facilities doorbell. When the child care consultant asked the children where the teacher was, the children replied “not here.” At that time, Tekayla Poole, administrator, walked around the corner from the area leading to space #2a and asked, “did they let you in?” Ms. Poole stated she was delivering muffins to the teachers in the other classroom when the doorbell rang. The two children had left space #1 and entered the front lobby area through a baby gate to open the front door. Seven children, three and four years of age, were present in space #1 during this time. .1801(a)(1-5) 428 A current activity plan was not posted for each group of children for reference. In space #2a, the activity plan posted for reference was dated March 31, 2025, through April 4, 2025. GS 110-91(12); .0508(a) 614 Bed, cribs, playpens, cots or mats were not placed at least 18" apart or separated by partitions when in use. In space #2a, two cots with sleeping children were spaced twelve inches apart. 15A NCAC 18A .2821(e) 848 Questionable medication instructions from parents were followed without signed written dosage instructions received from physician or authorized health professional. Authorization to administer over-the-counter Tylenol to an infant seven months of age did not include dosage instructions from a physician. The manufacturer’s instructions for the Tylenol stated, “under 2 ask a doctor.” 10A NCAC 09 .0803(5) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. In space #2b, documentation of visual safe sleep checks for one seven-month-old infant enrolled on March 17, 2025, for the month of August 2025, were documented in BrightWheel and did not include safe sleep positions or safe sleep checks occurring at least every fifteen minutes. .0606(g) 1534 Personnel records were not maintained on file in the timeframes given by Rule .2318(7). Staff records for a previous staff member, J. Santiago, employed on November 3, 2024, were not maintained for one year after this staff member was no longer employed. The administrator could not recall the date of this staff member’s termination. .2318 (7) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. One staff member, R. Baker, employed on July 1, 2025, was not added to the ABCMS Provider Portal roster. G.S. 110-90.2 & .2703(r) The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the violation item number, statement of compliance, date of the visit and license ID number in the letter. I must receive your compliance statement by September 11, 2025. Please send your letter to Kristen.Mauney@dhhs.nc.gov. Failure to correct the violations and send the written statement by the due date may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. The Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Please be aware that any information submitted by you is considered legal documentation. If you state in your violation correction letter that corrections have been made when they have not, it will be considered falsification of information. Due to the nature of the violations observed, an unannounced follow-up visit will be conducted. Technical Assistance was provided on the following: Staff to child ratio- Your facility meets minimum requirements regarding staff/child ratios. The staff/child ratios and group sizes for single-age groups of children in centers shall be as follows: Age of Children (Ratio Staff/Children)-Maximum Group Size 0 to 12 Months (1/5)-10 12 to 24 Months (1/6)-12 2 to 3 Years (1/10)-20 3 to 4 Years (1/15)-25 4 to 5 Years (1/20)-25 5 Years and Older (1/25)-25 When combining age groups, the staff/child ratio for the youngest child in the group must be maintained for the entire group. Children of all ages may be cared for together in groups for the first and last operating hour of the day, provided the staff/child ratio for the youngest child in the group is maintained. I suggested you review staff to child ratio requirements with all staff members at this time, and annually at a staff meeting. Instruct staff to utilize the staff to child ratio worksheet posted in each space to reference minimum staff to child ratio requirements. I suggested adding ages on attendance records or post ages and birthdates on the wall to reference children’s ages. Supervision- Children must be adequately supervised at all times in child care centers. Adequate supervision means that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. I suggested you review this rule with all staff members at this time, and annually at a staff meeting. I also suggested you implement a head count checklist to ensure all children are accounted for throughout the day. All staff members should be aware of the number of children they are responsible for at all times. We discussed adding a different gate to divide the front lobby area and space #1 so that children cannot access space #1 unsupervised. Staff to child ratio grouping- I suggested you review staff to child ratio requirements with all staff members at this time, and annually at a staff meeting. Instruct staff to utilize the staff to child ratio worksheet posted in each space to reference minimum staff to child ratio requirements. I suggested adding ages on attendance records or post ages and birthdates on the wall to reference children’s ages. 10A NCAC 09 .0713(a) (1) when combining age groups, the staff/child ratio for the youngest child in the group shall be maintained for the entire group; (2) children of all ages may be cared for together in groups for the first and last operating hour of the day, provided the staff/child ratio for the youngest child in the group is maintained; (3) a child two years of age and older may be placed with children under one year of age when a physician certifies that the developmental age of the child makes this placement appropriate; (4) when determined to be developmentally appropriate by the operator and parent, a child age two or older may be placed one age level above his or her chronological age without affecting the staff/child ratio for that group. This provision shall be limited to one child per group; (5) except as provided in Subparagraphs (2) and (3) of this Paragraph, children under one year of age shall be kept separate from children two years of age and over; (6) except as provided in Subparagraph (2) of this Paragraph, children between the ages of 12 months and 24 months shall not be grouped with older children unless all children in the group are less than three years of age. Activity Plan- I suggested that you complete and print your activity plan for the following week each Friday so that it will be posted by Monday morning. Cot/Mat/Crib spacing- Cots or mats must be placed at least eighteen inches apart or separated by partitions when in use. I suggested that you provide staff with a precut string measuring eighteen inches to assist staff with ensuring the cot or mat spacing is in compliance. Safe sleep- Visual safe sleep check records for one infant were unable to be located during the visit. You were previously using BrightWheel to document safe sleep checks, however, safe sleep positions and safe sleep checks occurring every fifteen minutes were not available for review through this app. Documentation verifying staff members’ compliance with visual checks on infants shall be maintained for a minimum of one month. Visually checking on sleeping infants every fifteen minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested that you document safe sleep checks via pen and paper, rather than electronically. I suggested utilizing a timer to assist you with remembering to visually check sleeping infants at least every fifteen minutes. Medication- I suggested that you review all medications to ensure the manufacturer’s instructions on the medication are followed in conjunction with the instructions from the parent. Review manufacturer’s instructions to check appropriate dosage and administering instructions are followed. You may not administer a medication to a child under two years of age without instructions from a physician if the manufacturer’s instructions read “under 2 ask a doctor.” I suggested that you instruct staff to complete monthly checks of medications to ensure compliance with all medication requirements. Record retention- I suggested that you refer to 10A NCAC 09 .2318 of the child care requirements for guidance on record retention. You must keep staff records for a minimum of one year after the employee is no longer employed. Criminal Background roster- Staff information must be updated in ABCMS on an ongoing basis, added within five days of employment as staff members are hired, and updated when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. I suggested that you complete this on the first day of new staff members employment. Four staff are listed under your previous facility ID# for your facility. Since the Lincoln and Catawba county line realignment has taken place, you will need to transfer all staff on your facilities ABCMS Provider Portal roster to your current facility ID#. Reach out to the Criminal Background Check Unit at (919) 814-8401 for assistance with this task. Rated License Assessment: You have requested to use the points that were earned from the previous rated license assessment, completed on April 14, 2025, prior to the facilities change of location, from Catawba County to Lincoln County. The Application for Assessment for a Two Component Star Rated License form was completed by you during the visit. Due to the facility going through a change of location, the previous points achieved from the last star rated license assessment will be used to issue a star rating. Program Standards- The facility completed the Environment Rating Scale and scored a 4.83 on the ITERS-R assessment on December 8, 2025, and scored a 4.89 on the ECERS-R assessment on December 10, 2025. The facility earned an average score of 4.86 and earned five (5) points in program standards. You currently do not have any school age children enrolled, however, depending on the number of school age children enrolled in the future, a SACERS-U assessment may be required. Education Standards- During the previous assessment, the administrator earned two points, the lead teachers earned one point and teachers earned one point. The facility will earn one (1) point in education standards. Quality Point- The facility has earned one (1) quality point for using an approved curriculum, The Creative Curriculum. The facility has earned a total of seven (7) points for a three-star rated license. The rated license will be processed once your compliance letter is received. Consultation: We discussed the following during the visit: -Staff who do not have current CPR and First Aid certification cannot open, close, be alone at the facility caring for children, transport children, or be listed on the Emergency Medical Care Plan to respond to medical emergencies. -We discussed reviewing paperwork for potential applicants. If you feel any information does not appear to be accurate, feel free to contact me for verification or guidance. -Providers can speak to a Behavior Support Advisor for advice and resources specific to the challenging behaviors in their classroom by calling 1-888-600-1685 Option 1. Providers may also submit questions to a Behavior Support Advisor online and receive a call or email in response. In addition, providers may post questions in the ‘Talk to the Expert’ Group on an online network, Social Emotional Connections, for early childhood educators. There are also opportunities to join free webinars on challenging topics or classroom activities. During the visit, I emailed you a flyer including active links to access these resources. I encouraged you to place a copy of the flyer in each classroom so that staff may access the information when needed. -Moodle Support: The Division offers early childhood professionals a wide range of professional development opportunities through our online learning platform Moodle. To get help with Moodle, email at DCDEE_Moodle_Support@dhhs.nc.gov or call (919) 814-6326. Stay up to date with the Division of Child Development and Early Education by visiting https://ncchildcare.ncdhhs.gov. This website enables you to view the entire Law and Child Care Requirements for North Carolina as well as download required forms. I encourage you to click on the "What's New" tab for important updates impacting child care in North Carolina. Thank you for your time and assistance today. If you have any questions about today’s visit, please contact me or my supervisor, Tammy McGalliard, at Tammy.McGalliard@dhhs.nc.gov. If I can be of further assistance, you may contact me at 704-853-9196 or Kristen.Mauney@dhhs.nc.gov. Kristen Mauney, Child Care Consultant PO Box 674, Denver, NC 28037 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

10A NCAC 09 .2318 · Violation

Name of Operation: Kay's Learning Academy Facility ID: 55000198 Consultant: KRISTEN R. MAUNEY Operation Type: Center Case Number: Visit Date: 8/28/2025 Number Present: 17 Completed Date: 8/28/2025 Age: From 0 To 4 Total Minutes: 372 Time In: 09:50 AM Time Out: 03:03 PM Time In: 04:06 PM Time Out: 05:05 PM List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor your program for compliance with applicable child care requirements during a Temporary Time Period visit. The visit was conducted with you, Tekayla Poole, Owner/Administrator. You provided me with applicable program and staff records for review. The North Carolina Secretary of State website was viewed before the visit and Kay’s Learning Academy, LLC was current/active as of August 26, 2025. If any changes to the corporation need to be made or you decide to sell your business, then you must notify me, your consultant at least thirty days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location, or inherited. This program currently operates with a Temporary License issued on August 13, 2025. The facilities contact information was reviewed and confirmed with you. The program’s compliance history was 87 percent prior to today’s visit. Child care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. During this Temporary Time Period visit, approved indoor and outdoor spaces were monitored as well as materials, equipment and required posted items for meeting all minimum licensing requirements. All health and safety requirements were monitored today. Children and staff were observed in free play activities indoors, gross motor activities outdoors, lunch, and nap. Records for one new staff employed since your most recent monitoring visit conducted on July 17, 2025, were monitored today. Criminal Background Check qualifying letters for all staff were also monitored. Children’s records were monitored on July 17, 2025; therefore, no additional children’s records were monitored today. The most recent sanitation inspection for your facility was conducted on January 8, 2025. A superior sanitation classification was issued with 4 demerits noted on the grade card. The analysis date for the most recent lead water test was April 1, 2024. Lead testing must be completed every three years. You may review your facilities results by visiting https://www.cleanwaterforuskids.org/en/carolina/. This website also indicated this facility was exempt from required asbestos and lead-based paint testing. The most recent approved fire inspection for your facility was conducted on March 27, 2025. The most recent monthly fire drill was conducted on July 31, 2025, at 11:03am. You completed EPR training on June 9, 2025. You must complete an EPR Plan by October 9, 2025. The most recent monthly playground inspection was completed on July 31, 2025, by Tekayla Poole. You stated you do not provide transportation. Violations observed today were discussed with you and documented in the Visit Summary left with you at the conclusion of this visit. The following violations were observed: Violation Number Comment Rule 301 Minimum staff/child ratios and group sizes for the number and ages of children in care were not met. On the playground, two staff members, R. Baker and F. Poole, were observed with seventeen children, seven months to four years of age at approximately 11:30am. In space #2a, one infant seven months of age was grouped with five children one year of age, three children two years of age, and one child three years of age, with two staff members. GS 110-91(7);.0713(a-d) 303 Children were not adequately supervised at all times. Upon arrival, two children four years of age opened the front door to the facility when the child care consultant rang the facilities doorbell. When the child care consultant asked the children where the teacher was, the children replied “not here.” At that time, Tekayla Poole, administrator, walked around the corner from the area leading to space #2a and asked, “did they let you in?” Ms. Poole stated she was delivering muffins to the teachers in the other classroom when the doorbell rang. The two children had left space #1 and entered the front lobby area through a baby gate to open the front door. Seven children, three and four years of age, were present in space #1 during this time. .1801(a)(1-5) 428 A current activity plan was not posted for each group of children for reference. In space #2a, the activity plan posted for reference was dated March 31, 2025, through April 4, 2025. GS 110-91(12); .0508(a) 614 Bed, cribs, playpens, cots or mats were not placed at least 18" apart or separated by partitions when in use. In space #2a, two cots with sleeping children were spaced twelve inches apart. 15A NCAC 18A .2821(e) 848 Questionable medication instructions from parents were followed without signed written dosage instructions received from physician or authorized health professional. Authorization to administer over-the-counter Tylenol to an infant seven months of age did not include dosage instructions from a physician. The manufacturer’s instructions for the Tylenol stated, “under 2 ask a doctor.” 10A NCAC 09 .0803(5) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. In space #2b, documentation of visual safe sleep checks for one seven-month-old infant enrolled on March 17, 2025, for the month of August 2025, were documented in BrightWheel and did not include safe sleep positions or safe sleep checks occurring at least every fifteen minutes. .0606(g) 1534 Personnel records were not maintained on file in the timeframes given by Rule .2318(7). Staff records for a previous staff member, J. Santiago, employed on November 3, 2024, were not maintained for one year after this staff member was no longer employed. The administrator could not recall the date of this staff member’s termination. .2318 (7) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. One staff member, R. Baker, employed on July 1, 2025, was not added to the ABCMS Provider Portal roster. G.S. 110-90.2 & .2703(r) The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the violation item number, statement of compliance, date of the visit and license ID number in the letter. I must receive your compliance statement by September 11, 2025. Please send your letter to Kristen.Mauney@dhhs.nc.gov. Failure to correct the violations and send the written statement by the due date may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. The Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Please be aware that any information submitted by you is considered legal documentation. If you state in your violation correction letter that corrections have been made when they have not, it will be considered falsification of information. Due to the nature of the violations observed, an unannounced follow-up visit will be conducted. Technical Assistance was provided on the following: Staff to child ratio- Your facility meets minimum requirements regarding staff/child ratios. The staff/child ratios and group sizes for single-age groups of children in centers shall be as follows: Age of Children (Ratio Staff/Children)-Maximum Group Size 0 to 12 Months (1/5)-10 12 to 24 Months (1/6)-12 2 to 3 Years (1/10)-20 3 to 4 Years (1/15)-25 4 to 5 Years (1/20)-25 5 Years and Older (1/25)-25 When combining age groups, the staff/child ratio for the youngest child in the group must be maintained for the entire group. Children of all ages may be cared for together in groups for the first and last operating hour of the day, provided the staff/child ratio for the youngest child in the group is maintained. I suggested you review staff to child ratio requirements with all staff members at this time, and annually at a staff meeting. Instruct staff to utilize the staff to child ratio worksheet posted in each space to reference minimum staff to child ratio requirements. I suggested adding ages on attendance records or post ages and birthdates on the wall to reference children’s ages. Supervision- Children must be adequately supervised at all times in child care centers. Adequate supervision means that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. I suggested you review this rule with all staff members at this time, and annually at a staff meeting. I also suggested you implement a head count checklist to ensure all children are accounted for throughout the day. All staff members should be aware of the number of children they are responsible for at all times. We discussed adding a different gate to divide the front lobby area and space #1 so that children cannot access space #1 unsupervised. Staff to child ratio grouping- I suggested you review staff to child ratio requirements with all staff members at this time, and annually at a staff meeting. Instruct staff to utilize the staff to child ratio worksheet posted in each space to reference minimum staff to child ratio requirements. I suggested adding ages on attendance records or post ages and birthdates on the wall to reference children’s ages. 10A NCAC 09 .0713(a) (1) when combining age groups, the staff/child ratio for the youngest child in the group shall be maintained for the entire group; (2) children of all ages may be cared for together in groups for the first and last operating hour of the day, provided the staff/child ratio for the youngest child in the group is maintained; (3) a child two years of age and older may be placed with children under one year of age when a physician certifies that the developmental age of the child makes this placement appropriate; (4) when determined to be developmentally appropriate by the operator and parent, a child age two or older may be placed one age level above his or her chronological age without affecting the staff/child ratio for that group. This provision shall be limited to one child per group; (5) except as provided in Subparagraphs (2) and (3) of this Paragraph, children under one year of age shall be kept separate from children two years of age and over; (6) except as provided in Subparagraph (2) of this Paragraph, children between the ages of 12 months and 24 months shall not be grouped with older children unless all children in the group are less than three years of age. Activity Plan- I suggested that you complete and print your activity plan for the following week each Friday so that it will be posted by Monday morning. Cot/Mat/Crib spacing- Cots or mats must be placed at least eighteen inches apart or separated by partitions when in use. I suggested that you provide staff with a precut string measuring eighteen inches to assist staff with ensuring the cot or mat spacing is in compliance. Safe sleep- Visual safe sleep check records for one infant were unable to be located during the visit. You were previously using BrightWheel to document safe sleep checks, however, safe sleep positions and safe sleep checks occurring every fifteen minutes were not available for review through this app. Documentation verifying staff members’ compliance with visual checks on infants shall be maintained for a minimum of one month. Visually checking on sleeping infants every fifteen minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested that you document safe sleep checks via pen and paper, rather than electronically. I suggested utilizing a timer to assist you with remembering to visually check sleeping infants at least every fifteen minutes. Medication- I suggested that you review all medications to ensure the manufacturer’s instructions on the medication are followed in conjunction with the instructions from the parent. Review manufacturer’s instructions to check appropriate dosage and administering instructions are followed. You may not administer a medication to a child under two years of age without instructions from a physician if the manufacturer’s instructions read “under 2 ask a doctor.” I suggested that you instruct staff to complete monthly checks of medications to ensure compliance with all medication requirements. Record retention- I suggested that you refer to 10A NCAC 09 .2318 of the child care requirements for guidance on record retention. You must keep staff records for a minimum of one year after the employee is no longer employed. Criminal Background roster- Staff information must be updated in ABCMS on an ongoing basis, added within five days of employment as staff members are hired, and updated when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. I suggested that you complete this on the first day of new staff members employment. Four staff are listed under your previous facility ID# for your facility. Since the Lincoln and Catawba county line realignment has taken place, you will need to transfer all staff on your facilities ABCMS Provider Portal roster to your current facility ID#. Reach out to the Criminal Background Check Unit at (919) 814-8401 for assistance with this task. Rated License Assessment: You have requested to use the points that were earned from the previous rated license assessment, completed on April 14, 2025, prior to the facilities change of location, from Catawba County to Lincoln County. The Application for Assessment for a Two Component Star Rated License form was completed by you during the visit. Due to the facility going through a change of location, the previous points achieved from the last star rated license assessment will be used to issue a star rating. Program Standards- The facility completed the Environment Rating Scale and scored a 4.83 on the ITERS-R assessment on December 8, 2025, and scored a 4.89 on the ECERS-R assessment on December 10, 2025. The facility earned an average score of 4.86 and earned five (5) points in program standards. You currently do not have any school age children enrolled, however, depending on the number of school age children enrolled in the future, a SACERS-U assessment may be required. Education Standards- During the previous assessment, the administrator earned two points, the lead teachers earned one point and teachers earned one point. The facility will earn one (1) point in education standards. Quality Point- The facility has earned one (1) quality point for using an approved curriculum, The Creative Curriculum. The facility has earned a total of seven (7) points for a three-star rated license. The rated license will be processed once your compliance letter is received. Consultation: We discussed the following during the visit: -Staff who do not have current CPR and First Aid certification cannot open, close, be alone at the facility caring for children, transport children, or be listed on the Emergency Medical Care Plan to respond to medical emergencies. -We discussed reviewing paperwork for potential applicants. If you feel any information does not appear to be accurate, feel free to contact me for verification or guidance. -Providers can speak to a Behavior Support Advisor for advice and resources specific to the challenging behaviors in their classroom by calling 1-888-600-1685 Option 1. Providers may also submit questions to a Behavior Support Advisor online and receive a call or email in response. In addition, providers may post questions in the ‘Talk to the Expert’ Group on an online network, Social Emotional Connections, for early childhood educators. There are also opportunities to join free webinars on challenging topics or classroom activities. During the visit, I emailed you a flyer including active links to access these resources. I encouraged you to place a copy of the flyer in each classroom so that staff may access the information when needed. -Moodle Support: The Division offers early childhood professionals a wide range of professional development opportunities through our online learning platform Moodle. To get help with Moodle, email at DCDEE_Moodle_Support@dhhs.nc.gov or call (919) 814-6326. Stay up to date with the Division of Child Development and Early Education by visiting https://ncchildcare.ncdhhs.gov. This website enables you to view the entire Law and Child Care Requirements for North Carolina as well as download required forms. I encourage you to click on the "What's New" tab for important updates impacting child care in North Carolina. Thank you for your time and assistance today. If you have any questions about today’s visit, please contact me or my supervisor, Tammy McGalliard, at Tammy.McGalliard@dhhs.nc.gov. If I can be of further assistance, you may contact me at 704-853-9196 or Kristen.Mauney@dhhs.nc.gov. Kristen Mauney, Child Care Consultant PO Box 674, Denver, NC 28037 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

G.S. 110-90 · Violation

Name of Operation: Kay's Learning Academy Facility ID: 55000198 Consultant: KRISTEN R. MAUNEY Operation Type: Center Case Number: Visit Date: 8/28/2025 Number Present: 17 Completed Date: 8/28/2025 Age: From 0 To 4 Total Minutes: 372 Time In: 09:50 AM Time Out: 03:03 PM Time In: 04:06 PM Time Out: 05:05 PM List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor your program for compliance with applicable child care requirements during a Temporary Time Period visit. The visit was conducted with you, Tekayla Poole, Owner/Administrator. You provided me with applicable program and staff records for review. The North Carolina Secretary of State website was viewed before the visit and Kay’s Learning Academy, LLC was current/active as of August 26, 2025. If any changes to the corporation need to be made or you decide to sell your business, then you must notify me, your consultant at least thirty days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location, or inherited. This program currently operates with a Temporary License issued on August 13, 2025. The facilities contact information was reviewed and confirmed with you. The program’s compliance history was 87 percent prior to today’s visit. Child care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. During this Temporary Time Period visit, approved indoor and outdoor spaces were monitored as well as materials, equipment and required posted items for meeting all minimum licensing requirements. All health and safety requirements were monitored today. Children and staff were observed in free play activities indoors, gross motor activities outdoors, lunch, and nap. Records for one new staff employed since your most recent monitoring visit conducted on July 17, 2025, were monitored today. Criminal Background Check qualifying letters for all staff were also monitored. Children’s records were monitored on July 17, 2025; therefore, no additional children’s records were monitored today. The most recent sanitation inspection for your facility was conducted on January 8, 2025. A superior sanitation classification was issued with 4 demerits noted on the grade card. The analysis date for the most recent lead water test was April 1, 2024. Lead testing must be completed every three years. You may review your facilities results by visiting https://www.cleanwaterforuskids.org/en/carolina/. This website also indicated this facility was exempt from required asbestos and lead-based paint testing. The most recent approved fire inspection for your facility was conducted on March 27, 2025. The most recent monthly fire drill was conducted on July 31, 2025, at 11:03am. You completed EPR training on June 9, 2025. You must complete an EPR Plan by October 9, 2025. The most recent monthly playground inspection was completed on July 31, 2025, by Tekayla Poole. You stated you do not provide transportation. Violations observed today were discussed with you and documented in the Visit Summary left with you at the conclusion of this visit. The following violations were observed: Violation Number Comment Rule 301 Minimum staff/child ratios and group sizes for the number and ages of children in care were not met. On the playground, two staff members, R. Baker and F. Poole, were observed with seventeen children, seven months to four years of age at approximately 11:30am. In space #2a, one infant seven months of age was grouped with five children one year of age, three children two years of age, and one child three years of age, with two staff members. GS 110-91(7);.0713(a-d) 303 Children were not adequately supervised at all times. Upon arrival, two children four years of age opened the front door to the facility when the child care consultant rang the facilities doorbell. When the child care consultant asked the children where the teacher was, the children replied “not here.” At that time, Tekayla Poole, administrator, walked around the corner from the area leading to space #2a and asked, “did they let you in?” Ms. Poole stated she was delivering muffins to the teachers in the other classroom when the doorbell rang. The two children had left space #1 and entered the front lobby area through a baby gate to open the front door. Seven children, three and four years of age, were present in space #1 during this time. .1801(a)(1-5) 428 A current activity plan was not posted for each group of children for reference. In space #2a, the activity plan posted for reference was dated March 31, 2025, through April 4, 2025. GS 110-91(12); .0508(a) 614 Bed, cribs, playpens, cots or mats were not placed at least 18" apart or separated by partitions when in use. In space #2a, two cots with sleeping children were spaced twelve inches apart. 15A NCAC 18A .2821(e) 848 Questionable medication instructions from parents were followed without signed written dosage instructions received from physician or authorized health professional. Authorization to administer over-the-counter Tylenol to an infant seven months of age did not include dosage instructions from a physician. The manufacturer’s instructions for the Tylenol stated, “under 2 ask a doctor.” 10A NCAC 09 .0803(5) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. In space #2b, documentation of visual safe sleep checks for one seven-month-old infant enrolled on March 17, 2025, for the month of August 2025, were documented in BrightWheel and did not include safe sleep positions or safe sleep checks occurring at least every fifteen minutes. .0606(g) 1534 Personnel records were not maintained on file in the timeframes given by Rule .2318(7). Staff records for a previous staff member, J. Santiago, employed on November 3, 2024, were not maintained for one year after this staff member was no longer employed. The administrator could not recall the date of this staff member’s termination. .2318 (7) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. One staff member, R. Baker, employed on July 1, 2025, was not added to the ABCMS Provider Portal roster. G.S. 110-90.2 & .2703(r) The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the violation item number, statement of compliance, date of the visit and license ID number in the letter. I must receive your compliance statement by September 11, 2025. Please send your letter to Kristen.Mauney@dhhs.nc.gov. Failure to correct the violations and send the written statement by the due date may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. The Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Please be aware that any information submitted by you is considered legal documentation. If you state in your violation correction letter that corrections have been made when they have not, it will be considered falsification of information. Due to the nature of the violations observed, an unannounced follow-up visit will be conducted. Technical Assistance was provided on the following: Staff to child ratio- Your facility meets minimum requirements regarding staff/child ratios. The staff/child ratios and group sizes for single-age groups of children in centers shall be as follows: Age of Children (Ratio Staff/Children)-Maximum Group Size 0 to 12 Months (1/5)-10 12 to 24 Months (1/6)-12 2 to 3 Years (1/10)-20 3 to 4 Years (1/15)-25 4 to 5 Years (1/20)-25 5 Years and Older (1/25)-25 When combining age groups, the staff/child ratio for the youngest child in the group must be maintained for the entire group. Children of all ages may be cared for together in groups for the first and last operating hour of the day, provided the staff/child ratio for the youngest child in the group is maintained. I suggested you review staff to child ratio requirements with all staff members at this time, and annually at a staff meeting. Instruct staff to utilize the staff to child ratio worksheet posted in each space to reference minimum staff to child ratio requirements. I suggested adding ages on attendance records or post ages and birthdates on the wall to reference children’s ages. Supervision- Children must be adequately supervised at all times in child care centers. Adequate supervision means that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. I suggested you review this rule with all staff members at this time, and annually at a staff meeting. I also suggested you implement a head count checklist to ensure all children are accounted for throughout the day. All staff members should be aware of the number of children they are responsible for at all times. We discussed adding a different gate to divide the front lobby area and space #1 so that children cannot access space #1 unsupervised. Staff to child ratio grouping- I suggested you review staff to child ratio requirements with all staff members at this time, and annually at a staff meeting. Instruct staff to utilize the staff to child ratio worksheet posted in each space to reference minimum staff to child ratio requirements. I suggested adding ages on attendance records or post ages and birthdates on the wall to reference children’s ages. 10A NCAC 09 .0713(a) (1) when combining age groups, the staff/child ratio for the youngest child in the group shall be maintained for the entire group; (2) children of all ages may be cared for together in groups for the first and last operating hour of the day, provided the staff/child ratio for the youngest child in the group is maintained; (3) a child two years of age and older may be placed with children under one year of age when a physician certifies that the developmental age of the child makes this placement appropriate; (4) when determined to be developmentally appropriate by the operator and parent, a child age two or older may be placed one age level above his or her chronological age without affecting the staff/child ratio for that group. This provision shall be limited to one child per group; (5) except as provided in Subparagraphs (2) and (3) of this Paragraph, children under one year of age shall be kept separate from children two years of age and over; (6) except as provided in Subparagraph (2) of this Paragraph, children between the ages of 12 months and 24 months shall not be grouped with older children unless all children in the group are less than three years of age. Activity Plan- I suggested that you complete and print your activity plan for the following week each Friday so that it will be posted by Monday morning. Cot/Mat/Crib spacing- Cots or mats must be placed at least eighteen inches apart or separated by partitions when in use. I suggested that you provide staff with a precut string measuring eighteen inches to assist staff with ensuring the cot or mat spacing is in compliance. Safe sleep- Visual safe sleep check records for one infant were unable to be located during the visit. You were previously using BrightWheel to document safe sleep checks, however, safe sleep positions and safe sleep checks occurring every fifteen minutes were not available for review through this app. Documentation verifying staff members’ compliance with visual checks on infants shall be maintained for a minimum of one month. Visually checking on sleeping infants every fifteen minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested that you document safe sleep checks via pen and paper, rather than electronically. I suggested utilizing a timer to assist you with remembering to visually check sleeping infants at least every fifteen minutes. Medication- I suggested that you review all medications to ensure the manufacturer’s instructions on the medication are followed in conjunction with the instructions from the parent. Review manufacturer’s instructions to check appropriate dosage and administering instructions are followed. You may not administer a medication to a child under two years of age without instructions from a physician if the manufacturer’s instructions read “under 2 ask a doctor.” I suggested that you instruct staff to complete monthly checks of medications to ensure compliance with all medication requirements. Record retention- I suggested that you refer to 10A NCAC 09 .2318 of the child care requirements for guidance on record retention. You must keep staff records for a minimum of one year after the employee is no longer employed. Criminal Background roster- Staff information must be updated in ABCMS on an ongoing basis, added within five days of employment as staff members are hired, and updated when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. I suggested that you complete this on the first day of new staff members employment. Four staff are listed under your previous facility ID# for your facility. Since the Lincoln and Catawba county line realignment has taken place, you will need to transfer all staff on your facilities ABCMS Provider Portal roster to your current facility ID#. Reach out to the Criminal Background Check Unit at (919) 814-8401 for assistance with this task. Rated License Assessment: You have requested to use the points that were earned from the previous rated license assessment, completed on April 14, 2025, prior to the facilities change of location, from Catawba County to Lincoln County. The Application for Assessment for a Two Component Star Rated License form was completed by you during the visit. Due to the facility going through a change of location, the previous points achieved from the last star rated license assessment will be used to issue a star rating. Program Standards- The facility completed the Environment Rating Scale and scored a 4.83 on the ITERS-R assessment on December 8, 2025, and scored a 4.89 on the ECERS-R assessment on December 10, 2025. The facility earned an average score of 4.86 and earned five (5) points in program standards. You currently do not have any school age children enrolled, however, depending on the number of school age children enrolled in the future, a SACERS-U assessment may be required. Education Standards- During the previous assessment, the administrator earned two points, the lead teachers earned one point and teachers earned one point. The facility will earn one (1) point in education standards. Quality Point- The facility has earned one (1) quality point for using an approved curriculum, The Creative Curriculum. The facility has earned a total of seven (7) points for a three-star rated license. The rated license will be processed once your compliance letter is received. Consultation: We discussed the following during the visit: -Staff who do not have current CPR and First Aid certification cannot open, close, be alone at the facility caring for children, transport children, or be listed on the Emergency Medical Care Plan to respond to medical emergencies. -We discussed reviewing paperwork for potential applicants. If you feel any information does not appear to be accurate, feel free to contact me for verification or guidance. -Providers can speak to a Behavior Support Advisor for advice and resources specific to the challenging behaviors in their classroom by calling 1-888-600-1685 Option 1. Providers may also submit questions to a Behavior Support Advisor online and receive a call or email in response. In addition, providers may post questions in the ‘Talk to the Expert’ Group on an online network, Social Emotional Connections, for early childhood educators. There are also opportunities to join free webinars on challenging topics or classroom activities. During the visit, I emailed you a flyer including active links to access these resources. I encouraged you to place a copy of the flyer in each classroom so that staff may access the information when needed. -Moodle Support: The Division offers early childhood professionals a wide range of professional development opportunities through our online learning platform Moodle. To get help with Moodle, email at DCDEE_Moodle_Support@dhhs.nc.gov or call (919) 814-6326. Stay up to date with the Division of Child Development and Early Education by visiting https://ncchildcare.ncdhhs.gov. This website enables you to view the entire Law and Child Care Requirements for North Carolina as well as download required forms. I encourage you to click on the "What's New" tab for important updates impacting child care in North Carolina. Thank you for your time and assistance today. If you have any questions about today’s visit, please contact me or my supervisor, Tammy McGalliard, at Tammy.McGalliard@dhhs.nc.gov. If I can be of further assistance, you may contact me at 704-853-9196 or Kristen.Mauney@dhhs.nc.gov. Kristen Mauney, Child Care Consultant PO Box 674, Denver, NC 28037 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

GS 110-91 · Violation

Name of Operation: Kay's Learning Academy Facility ID: 55000198 Consultant: KRISTEN R. MAUNEY Operation Type: Center Case Number: Visit Date: 8/28/2025 Number Present: 17 Completed Date: 8/28/2025 Age: From 0 To 4 Total Minutes: 372 Time In: 09:50 AM Time Out: 03:03 PM Time In: 04:06 PM Time Out: 05:05 PM List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor your program for compliance with applicable child care requirements during a Temporary Time Period visit. The visit was conducted with you, Tekayla Poole, Owner/Administrator. You provided me with applicable program and staff records for review. The North Carolina Secretary of State website was viewed before the visit and Kay’s Learning Academy, LLC was current/active as of August 26, 2025. If any changes to the corporation need to be made or you decide to sell your business, then you must notify me, your consultant at least thirty days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location, or inherited. This program currently operates with a Temporary License issued on August 13, 2025. The facilities contact information was reviewed and confirmed with you. The program’s compliance history was 87 percent prior to today’s visit. Child care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. During this Temporary Time Period visit, approved indoor and outdoor spaces were monitored as well as materials, equipment and required posted items for meeting all minimum licensing requirements. All health and safety requirements were monitored today. Children and staff were observed in free play activities indoors, gross motor activities outdoors, lunch, and nap. Records for one new staff employed since your most recent monitoring visit conducted on July 17, 2025, were monitored today. Criminal Background Check qualifying letters for all staff were also monitored. Children’s records were monitored on July 17, 2025; therefore, no additional children’s records were monitored today. The most recent sanitation inspection for your facility was conducted on January 8, 2025. A superior sanitation classification was issued with 4 demerits noted on the grade card. The analysis date for the most recent lead water test was April 1, 2024. Lead testing must be completed every three years. You may review your facilities results by visiting https://www.cleanwaterforuskids.org/en/carolina/. This website also indicated this facility was exempt from required asbestos and lead-based paint testing. The most recent approved fire inspection for your facility was conducted on March 27, 2025. The most recent monthly fire drill was conducted on July 31, 2025, at 11:03am. You completed EPR training on June 9, 2025. You must complete an EPR Plan by October 9, 2025. The most recent monthly playground inspection was completed on July 31, 2025, by Tekayla Poole. You stated you do not provide transportation. Violations observed today were discussed with you and documented in the Visit Summary left with you at the conclusion of this visit. The following violations were observed: Violation Number Comment Rule 301 Minimum staff/child ratios and group sizes for the number and ages of children in care were not met. On the playground, two staff members, R. Baker and F. Poole, were observed with seventeen children, seven months to four years of age at approximately 11:30am. In space #2a, one infant seven months of age was grouped with five children one year of age, three children two years of age, and one child three years of age, with two staff members. GS 110-91(7);.0713(a-d) 303 Children were not adequately supervised at all times. Upon arrival, two children four years of age opened the front door to the facility when the child care consultant rang the facilities doorbell. When the child care consultant asked the children where the teacher was, the children replied “not here.” At that time, Tekayla Poole, administrator, walked around the corner from the area leading to space #2a and asked, “did they let you in?” Ms. Poole stated she was delivering muffins to the teachers in the other classroom when the doorbell rang. The two children had left space #1 and entered the front lobby area through a baby gate to open the front door. Seven children, three and four years of age, were present in space #1 during this time. .1801(a)(1-5) 428 A current activity plan was not posted for each group of children for reference. In space #2a, the activity plan posted for reference was dated March 31, 2025, through April 4, 2025. GS 110-91(12); .0508(a) 614 Bed, cribs, playpens, cots or mats were not placed at least 18" apart or separated by partitions when in use. In space #2a, two cots with sleeping children were spaced twelve inches apart. 15A NCAC 18A .2821(e) 848 Questionable medication instructions from parents were followed without signed written dosage instructions received from physician or authorized health professional. Authorization to administer over-the-counter Tylenol to an infant seven months of age did not include dosage instructions from a physician. The manufacturer’s instructions for the Tylenol stated, “under 2 ask a doctor.” 10A NCAC 09 .0803(5) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. In space #2b, documentation of visual safe sleep checks for one seven-month-old infant enrolled on March 17, 2025, for the month of August 2025, were documented in BrightWheel and did not include safe sleep positions or safe sleep checks occurring at least every fifteen minutes. .0606(g) 1534 Personnel records were not maintained on file in the timeframes given by Rule .2318(7). Staff records for a previous staff member, J. Santiago, employed on November 3, 2024, were not maintained for one year after this staff member was no longer employed. The administrator could not recall the date of this staff member’s termination. .2318 (7) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. One staff member, R. Baker, employed on July 1, 2025, was not added to the ABCMS Provider Portal roster. G.S. 110-90.2 & .2703(r) The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the violation item number, statement of compliance, date of the visit and license ID number in the letter. I must receive your compliance statement by September 11, 2025. Please send your letter to Kristen.Mauney@dhhs.nc.gov. Failure to correct the violations and send the written statement by the due date may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. The Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Please be aware that any information submitted by you is considered legal documentation. If you state in your violation correction letter that corrections have been made when they have not, it will be considered falsification of information. Due to the nature of the violations observed, an unannounced follow-up visit will be conducted. Technical Assistance was provided on the following: Staff to child ratio- Your facility meets minimum requirements regarding staff/child ratios. The staff/child ratios and group sizes for single-age groups of children in centers shall be as follows: Age of Children (Ratio Staff/Children)-Maximum Group Size 0 to 12 Months (1/5)-10 12 to 24 Months (1/6)-12 2 to 3 Years (1/10)-20 3 to 4 Years (1/15)-25 4 to 5 Years (1/20)-25 5 Years and Older (1/25)-25 When combining age groups, the staff/child ratio for the youngest child in the group must be maintained for the entire group. Children of all ages may be cared for together in groups for the first and last operating hour of the day, provided the staff/child ratio for the youngest child in the group is maintained. I suggested you review staff to child ratio requirements with all staff members at this time, and annually at a staff meeting. Instruct staff to utilize the staff to child ratio worksheet posted in each space to reference minimum staff to child ratio requirements. I suggested adding ages on attendance records or post ages and birthdates on the wall to reference children’s ages. Supervision- Children must be adequately supervised at all times in child care centers. Adequate supervision means that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. I suggested you review this rule with all staff members at this time, and annually at a staff meeting. I also suggested you implement a head count checklist to ensure all children are accounted for throughout the day. All staff members should be aware of the number of children they are responsible for at all times. We discussed adding a different gate to divide the front lobby area and space #1 so that children cannot access space #1 unsupervised. Staff to child ratio grouping- I suggested you review staff to child ratio requirements with all staff members at this time, and annually at a staff meeting. Instruct staff to utilize the staff to child ratio worksheet posted in each space to reference minimum staff to child ratio requirements. I suggested adding ages on attendance records or post ages and birthdates on the wall to reference children’s ages. 10A NCAC 09 .0713(a) (1) when combining age groups, the staff/child ratio for the youngest child in the group shall be maintained for the entire group; (2) children of all ages may be cared for together in groups for the first and last operating hour of the day, provided the staff/child ratio for the youngest child in the group is maintained; (3) a child two years of age and older may be placed with children under one year of age when a physician certifies that the developmental age of the child makes this placement appropriate; (4) when determined to be developmentally appropriate by the operator and parent, a child age two or older may be placed one age level above his or her chronological age without affecting the staff/child ratio for that group. This provision shall be limited to one child per group; (5) except as provided in Subparagraphs (2) and (3) of this Paragraph, children under one year of age shall be kept separate from children two years of age and over; (6) except as provided in Subparagraph (2) of this Paragraph, children between the ages of 12 months and 24 months shall not be grouped with older children unless all children in the group are less than three years of age. Activity Plan- I suggested that you complete and print your activity plan for the following week each Friday so that it will be posted by Monday morning. Cot/Mat/Crib spacing- Cots or mats must be placed at least eighteen inches apart or separated by partitions when in use. I suggested that you provide staff with a precut string measuring eighteen inches to assist staff with ensuring the cot or mat spacing is in compliance. Safe sleep- Visual safe sleep check records for one infant were unable to be located during the visit. You were previously using BrightWheel to document safe sleep checks, however, safe sleep positions and safe sleep checks occurring every fifteen minutes were not available for review through this app. Documentation verifying staff members’ compliance with visual checks on infants shall be maintained for a minimum of one month. Visually checking on sleeping infants every fifteen minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested that you document safe sleep checks via pen and paper, rather than electronically. I suggested utilizing a timer to assist you with remembering to visually check sleeping infants at least every fifteen minutes. Medication- I suggested that you review all medications to ensure the manufacturer’s instructions on the medication are followed in conjunction with the instructions from the parent. Review manufacturer’s instructions to check appropriate dosage and administering instructions are followed. You may not administer a medication to a child under two years of age without instructions from a physician if the manufacturer’s instructions read “under 2 ask a doctor.” I suggested that you instruct staff to complete monthly checks of medications to ensure compliance with all medication requirements. Record retention- I suggested that you refer to 10A NCAC 09 .2318 of the child care requirements for guidance on record retention. You must keep staff records for a minimum of one year after the employee is no longer employed. Criminal Background roster- Staff information must be updated in ABCMS on an ongoing basis, added within five days of employment as staff members are hired, and updated when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. I suggested that you complete this on the first day of new staff members employment. Four staff are listed under your previous facility ID# for your facility. Since the Lincoln and Catawba county line realignment has taken place, you will need to transfer all staff on your facilities ABCMS Provider Portal roster to your current facility ID#. Reach out to the Criminal Background Check Unit at (919) 814-8401 for assistance with this task. Rated License Assessment: You have requested to use the points that were earned from the previous rated license assessment, completed on April 14, 2025, prior to the facilities change of location, from Catawba County to Lincoln County. The Application for Assessment for a Two Component Star Rated License form was completed by you during the visit. Due to the facility going through a change of location, the previous points achieved from the last star rated license assessment will be used to issue a star rating. Program Standards- The facility completed the Environment Rating Scale and scored a 4.83 on the ITERS-R assessment on December 8, 2025, and scored a 4.89 on the ECERS-R assessment on December 10, 2025. The facility earned an average score of 4.86 and earned five (5) points in program standards. You currently do not have any school age children enrolled, however, depending on the number of school age children enrolled in the future, a SACERS-U assessment may be required. Education Standards- During the previous assessment, the administrator earned two points, the lead teachers earned one point and teachers earned one point. The facility will earn one (1) point in education standards. Quality Point- The facility has earned one (1) quality point for using an approved curriculum, The Creative Curriculum. The facility has earned a total of seven (7) points for a three-star rated license. The rated license will be processed once your compliance letter is received. Consultation: We discussed the following during the visit: -Staff who do not have current CPR and First Aid certification cannot open, close, be alone at the facility caring for children, transport children, or be listed on the Emergency Medical Care Plan to respond to medical emergencies. -We discussed reviewing paperwork for potential applicants. If you feel any information does not appear to be accurate, feel free to contact me for verification or guidance. -Providers can speak to a Behavior Support Advisor for advice and resources specific to the challenging behaviors in their classroom by calling 1-888-600-1685 Option 1. Providers may also submit questions to a Behavior Support Advisor online and receive a call or email in response. In addition, providers may post questions in the ‘Talk to the Expert’ Group on an online network, Social Emotional Connections, for early childhood educators. There are also opportunities to join free webinars on challenging topics or classroom activities. During the visit, I emailed you a flyer including active links to access these resources. I encouraged you to place a copy of the flyer in each classroom so that staff may access the information when needed. -Moodle Support: The Division offers early childhood professionals a wide range of professional development opportunities through our online learning platform Moodle. To get help with Moodle, email at DCDEE_Moodle_Support@dhhs.nc.gov or call (919) 814-6326. Stay up to date with the Division of Child Development and Early Education by visiting https://ncchildcare.ncdhhs.gov. This website enables you to view the entire Law and Child Care Requirements for North Carolina as well as download required forms. I encourage you to click on the "What's New" tab for important updates impacting child care in North Carolina. Thank you for your time and assistance today. If you have any questions about today’s visit, please contact me or my supervisor, Tammy McGalliard, at Tammy.McGalliard@dhhs.nc.gov. If I can be of further assistance, you may contact me at 704-853-9196 or Kristen.Mauney@dhhs.nc.gov. Kristen Mauney, Child Care Consultant PO Box 674, Denver, NC 28037 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

NC GS 110-90 · Violation

Name of Operation: Kay's Learning Academy Facility ID: 55000198 Consultant: KRISTEN R. MAUNEY Operation Type: Center Case Number: Visit Date: 8/28/2025 Number Present: 17 Completed Date: 8/28/2025 Age: From 0 To 4 Total Minutes: 372 Time In: 09:50 AM Time Out: 03:03 PM Time In: 04:06 PM Time Out: 05:05 PM List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor your program for compliance with applicable child care requirements during a Temporary Time Period visit. The visit was conducted with you, Tekayla Poole, Owner/Administrator. You provided me with applicable program and staff records for review. The North Carolina Secretary of State website was viewed before the visit and Kay’s Learning Academy, LLC was current/active as of August 26, 2025. If any changes to the corporation need to be made or you decide to sell your business, then you must notify me, your consultant at least thirty days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location, or inherited. This program currently operates with a Temporary License issued on August 13, 2025. The facilities contact information was reviewed and confirmed with you. The program’s compliance history was 87 percent prior to today’s visit. Child care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. During this Temporary Time Period visit, approved indoor and outdoor spaces were monitored as well as materials, equipment and required posted items for meeting all minimum licensing requirements. All health and safety requirements were monitored today. Children and staff were observed in free play activities indoors, gross motor activities outdoors, lunch, and nap. Records for one new staff employed since your most recent monitoring visit conducted on July 17, 2025, were monitored today. Criminal Background Check qualifying letters for all staff were also monitored. Children’s records were monitored on July 17, 2025; therefore, no additional children’s records were monitored today. The most recent sanitation inspection for your facility was conducted on January 8, 2025. A superior sanitation classification was issued with 4 demerits noted on the grade card. The analysis date for the most recent lead water test was April 1, 2024. Lead testing must be completed every three years. You may review your facilities results by visiting https://www.cleanwaterforuskids.org/en/carolina/. This website also indicated this facility was exempt from required asbestos and lead-based paint testing. The most recent approved fire inspection for your facility was conducted on March 27, 2025. The most recent monthly fire drill was conducted on July 31, 2025, at 11:03am. You completed EPR training on June 9, 2025. You must complete an EPR Plan by October 9, 2025. The most recent monthly playground inspection was completed on July 31, 2025, by Tekayla Poole. You stated you do not provide transportation. Violations observed today were discussed with you and documented in the Visit Summary left with you at the conclusion of this visit. The following violations were observed: Violation Number Comment Rule 301 Minimum staff/child ratios and group sizes for the number and ages of children in care were not met. On the playground, two staff members, R. Baker and F. Poole, were observed with seventeen children, seven months to four years of age at approximately 11:30am. In space #2a, one infant seven months of age was grouped with five children one year of age, three children two years of age, and one child three years of age, with two staff members. GS 110-91(7);.0713(a-d) 303 Children were not adequately supervised at all times. Upon arrival, two children four years of age opened the front door to the facility when the child care consultant rang the facilities doorbell. When the child care consultant asked the children where the teacher was, the children replied “not here.” At that time, Tekayla Poole, administrator, walked around the corner from the area leading to space #2a and asked, “did they let you in?” Ms. Poole stated she was delivering muffins to the teachers in the other classroom when the doorbell rang. The two children had left space #1 and entered the front lobby area through a baby gate to open the front door. Seven children, three and four years of age, were present in space #1 during this time. .1801(a)(1-5) 428 A current activity plan was not posted for each group of children for reference. In space #2a, the activity plan posted for reference was dated March 31, 2025, through April 4, 2025. GS 110-91(12); .0508(a) 614 Bed, cribs, playpens, cots or mats were not placed at least 18" apart or separated by partitions when in use. In space #2a, two cots with sleeping children were spaced twelve inches apart. 15A NCAC 18A .2821(e) 848 Questionable medication instructions from parents were followed without signed written dosage instructions received from physician or authorized health professional. Authorization to administer over-the-counter Tylenol to an infant seven months of age did not include dosage instructions from a physician. The manufacturer’s instructions for the Tylenol stated, “under 2 ask a doctor.” 10A NCAC 09 .0803(5) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. In space #2b, documentation of visual safe sleep checks for one seven-month-old infant enrolled on March 17, 2025, for the month of August 2025, were documented in BrightWheel and did not include safe sleep positions or safe sleep checks occurring at least every fifteen minutes. .0606(g) 1534 Personnel records were not maintained on file in the timeframes given by Rule .2318(7). Staff records for a previous staff member, J. Santiago, employed on November 3, 2024, were not maintained for one year after this staff member was no longer employed. The administrator could not recall the date of this staff member’s termination. .2318 (7) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. One staff member, R. Baker, employed on July 1, 2025, was not added to the ABCMS Provider Portal roster. G.S. 110-90.2 & .2703(r) The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the violation item number, statement of compliance, date of the visit and license ID number in the letter. I must receive your compliance statement by September 11, 2025. Please send your letter to Kristen.Mauney@dhhs.nc.gov. Failure to correct the violations and send the written statement by the due date may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. The Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Please be aware that any information submitted by you is considered legal documentation. If you state in your violation correction letter that corrections have been made when they have not, it will be considered falsification of information. Due to the nature of the violations observed, an unannounced follow-up visit will be conducted. Technical Assistance was provided on the following: Staff to child ratio- Your facility meets minimum requirements regarding staff/child ratios. The staff/child ratios and group sizes for single-age groups of children in centers shall be as follows: Age of Children (Ratio Staff/Children)-Maximum Group Size 0 to 12 Months (1/5)-10 12 to 24 Months (1/6)-12 2 to 3 Years (1/10)-20 3 to 4 Years (1/15)-25 4 to 5 Years (1/20)-25 5 Years and Older (1/25)-25 When combining age groups, the staff/child ratio for the youngest child in the group must be maintained for the entire group. Children of all ages may be cared for together in groups for the first and last operating hour of the day, provided the staff/child ratio for the youngest child in the group is maintained. I suggested you review staff to child ratio requirements with all staff members at this time, and annually at a staff meeting. Instruct staff to utilize the staff to child ratio worksheet posted in each space to reference minimum staff to child ratio requirements. I suggested adding ages on attendance records or post ages and birthdates on the wall to reference children’s ages. Supervision- Children must be adequately supervised at all times in child care centers. Adequate supervision means that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. I suggested you review this rule with all staff members at this time, and annually at a staff meeting. I also suggested you implement a head count checklist to ensure all children are accounted for throughout the day. All staff members should be aware of the number of children they are responsible for at all times. We discussed adding a different gate to divide the front lobby area and space #1 so that children cannot access space #1 unsupervised. Staff to child ratio grouping- I suggested you review staff to child ratio requirements with all staff members at this time, and annually at a staff meeting. Instruct staff to utilize the staff to child ratio worksheet posted in each space to reference minimum staff to child ratio requirements. I suggested adding ages on attendance records or post ages and birthdates on the wall to reference children’s ages. 10A NCAC 09 .0713(a) (1) when combining age groups, the staff/child ratio for the youngest child in the group shall be maintained for the entire group; (2) children of all ages may be cared for together in groups for the first and last operating hour of the day, provided the staff/child ratio for the youngest child in the group is maintained; (3) a child two years of age and older may be placed with children under one year of age when a physician certifies that the developmental age of the child makes this placement appropriate; (4) when determined to be developmentally appropriate by the operator and parent, a child age two or older may be placed one age level above his or her chronological age without affecting the staff/child ratio for that group. This provision shall be limited to one child per group; (5) except as provided in Subparagraphs (2) and (3) of this Paragraph, children under one year of age shall be kept separate from children two years of age and over; (6) except as provided in Subparagraph (2) of this Paragraph, children between the ages of 12 months and 24 months shall not be grouped with older children unless all children in the group are less than three years of age. Activity Plan- I suggested that you complete and print your activity plan for the following week each Friday so that it will be posted by Monday morning. Cot/Mat/Crib spacing- Cots or mats must be placed at least eighteen inches apart or separated by partitions when in use. I suggested that you provide staff with a precut string measuring eighteen inches to assist staff with ensuring the cot or mat spacing is in compliance. Safe sleep- Visual safe sleep check records for one infant were unable to be located during the visit. You were previously using BrightWheel to document safe sleep checks, however, safe sleep positions and safe sleep checks occurring every fifteen minutes were not available for review through this app. Documentation verifying staff members’ compliance with visual checks on infants shall be maintained for a minimum of one month. Visually checking on sleeping infants every fifteen minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested that you document safe sleep checks via pen and paper, rather than electronically. I suggested utilizing a timer to assist you with remembering to visually check sleeping infants at least every fifteen minutes. Medication- I suggested that you review all medications to ensure the manufacturer’s instructions on the medication are followed in conjunction with the instructions from the parent. Review manufacturer’s instructions to check appropriate dosage and administering instructions are followed. You may not administer a medication to a child under two years of age without instructions from a physician if the manufacturer’s instructions read “under 2 ask a doctor.” I suggested that you instruct staff to complete monthly checks of medications to ensure compliance with all medication requirements. Record retention- I suggested that you refer to 10A NCAC 09 .2318 of the child care requirements for guidance on record retention. You must keep staff records for a minimum of one year after the employee is no longer employed. Criminal Background roster- Staff information must be updated in ABCMS on an ongoing basis, added within five days of employment as staff members are hired, and updated when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. I suggested that you complete this on the first day of new staff members employment. Four staff are listed under your previous facility ID# for your facility. Since the Lincoln and Catawba county line realignment has taken place, you will need to transfer all staff on your facilities ABCMS Provider Portal roster to your current facility ID#. Reach out to the Criminal Background Check Unit at (919) 814-8401 for assistance with this task. Rated License Assessment: You have requested to use the points that were earned from the previous rated license assessment, completed on April 14, 2025, prior to the facilities change of location, from Catawba County to Lincoln County. The Application for Assessment for a Two Component Star Rated License form was completed by you during the visit. Due to the facility going through a change of location, the previous points achieved from the last star rated license assessment will be used to issue a star rating. Program Standards- The facility completed the Environment Rating Scale and scored a 4.83 on the ITERS-R assessment on December 8, 2025, and scored a 4.89 on the ECERS-R assessment on December 10, 2025. The facility earned an average score of 4.86 and earned five (5) points in program standards. You currently do not have any school age children enrolled, however, depending on the number of school age children enrolled in the future, a SACERS-U assessment may be required. Education Standards- During the previous assessment, the administrator earned two points, the lead teachers earned one point and teachers earned one point. The facility will earn one (1) point in education standards. Quality Point- The facility has earned one (1) quality point for using an approved curriculum, The Creative Curriculum. The facility has earned a total of seven (7) points for a three-star rated license. The rated license will be processed once your compliance letter is received. Consultation: We discussed the following during the visit: -Staff who do not have current CPR and First Aid certification cannot open, close, be alone at the facility caring for children, transport children, or be listed on the Emergency Medical Care Plan to respond to medical emergencies. -We discussed reviewing paperwork for potential applicants. If you feel any information does not appear to be accurate, feel free to contact me for verification or guidance. -Providers can speak to a Behavior Support Advisor for advice and resources specific to the challenging behaviors in their classroom by calling 1-888-600-1685 Option 1. Providers may also submit questions to a Behavior Support Advisor online and receive a call or email in response. In addition, providers may post questions in the ‘Talk to the Expert’ Group on an online network, Social Emotional Connections, for early childhood educators. There are also opportunities to join free webinars on challenging topics or classroom activities. During the visit, I emailed you a flyer including active links to access these resources. I encouraged you to place a copy of the flyer in each classroom so that staff may access the information when needed. -Moodle Support: The Division offers early childhood professionals a wide range of professional development opportunities through our online learning platform Moodle. To get help with Moodle, email at DCDEE_Moodle_Support@dhhs.nc.gov or call (919) 814-6326. Stay up to date with the Division of Child Development and Early Education by visiting https://ncchildcare.ncdhhs.gov. This website enables you to view the entire Law and Child Care Requirements for North Carolina as well as download required forms. I encourage you to click on the "What's New" tab for important updates impacting child care in North Carolina. Thank you for your time and assistance today. If you have any questions about today’s visit, please contact me or my supervisor, Tammy McGalliard, at Tammy.McGalliard@dhhs.nc.gov. If I can be of further assistance, you may contact me at 704-853-9196 or Kristen.Mauney@dhhs.nc.gov. Kristen Mauney, Child Care Consultant PO Box 674, Denver, NC 28037 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times