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MISSOURI DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION

OFFICE OF CHILDHOOD - CHILD CARE COMPLIANCE

COMPLAINT INVESTIGATION OF SUBSTANTIATED STATUTE OR RULE VIOLATIONS
Facility Information
Date of Report
7/14/2023 12:00:00 AM
DVN
000271629
Facility Name
AGAPE' ACADEMY AND CHILD DEVELOPMENT CENTER
Facility Address
7400 OLIVE BLVD
City
ST LOUIS
Zip Code
63130
Phone
(314) 725-5262
County
ST LOUIS
Assigned Specialist
OMALLEY, PATRICK
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-500.182(1)(C)8. No discipline technique which is humiliating, threatening, or frightening to children shall be used. Children shall not be shamed, ridiculed, or spoken to harshly, abusively, or with profanity.
Conclusion Summary
On July 14, 2023, the Office of Childhood (OOC) received an allegation that Child A (5-years-old) hit teacher Tanisha Ballard at Agape' Academy and Child Development Center. Ms. Ballard threatened to put Child A in a trashcan and cut off their mohawk. After conducting an investigation, Compliance Inspector (CI) Patrick O'Malley has found this allegation to be substantiated based on the following evidence: 5 CSR 25-500.182(1)(C)8., which states the following: "No discipline technique which is humiliating, threatening, or frightening to children shall be used. Children shall not be shamed, ridiculed, or spoken to harshly, abusively, or with profanity." On July 17, 2023, CI O'Malley conducted a phone interview with Parent A (parent of Child A), who stated that she picked up Child A from the facility after 5:00 p.m. on July 13, 2023. Ms. Ballard walked Parent A and Child A to the front door and reported that Child A had required redirection for hitting. Child A said, "You were going to throw me in the trash can." Ms. Ballard explained that she had joked with Child A that Ms. Ballard was going to throw Child A in a trash can if Child A continued to hit. Parent A told Ms. Ballard that 5-year-olds take statements like that literally and it was inappropriate. Later that evening, Child A reported that Ms. Ballard had also said that she was going to cut off Child A's hair. Parent A stated that Child A was no longer enrolled at the facility. On July 17, 2023, CI O'Malley conducted an unannounced inspection of the facility and conducted interviews with Ms. Ballard and director Donna Griffin. Ms. Ballard stated that she asked Child A to transition from drawing to gross motor activities, but Child A refused and hit Ms. Ballard on the arm; the hit did not hurt, and Ms. Ballard told Child A not to hit her again. Ms. Ballard asked, "Do you want me to throw you in the trash?" Ms. Ballard stated that she was not being serious and was trying to get Child A's attention; Child A shrugged but was not upset. Ms. Ballard asked, "Do you want me to cut off your mohawk?" and Child A shrugged again. Ms. Ballard explained the incident to Parent A at pick up and denied that Parent A was upset. Ms. Griffin stated that Child A was suspended on July 14, 2023, due to hitting several teachers and other children on July 13, 2023. CI O'Malley observed a letter that shows Child A was suspended from July 14, 2023, through July 21, 2023, for disruptive and disobedient behavior, being disrespectful to staff, and hitting a teacher. Ms. Griffin stated that Child A had been suspended multiple times since May 2023 for hitting teachers and other children.
Corrective Measures
Corrective MeasureCompleted (Y/N)Completed Date
memo Y 8/14/2023 12:00:00 AM
The facility shall notify all staff members of the violations which were substantiated, and specify the actions to be taken by all staff in order to comply with all violations cited. A copy of the memo, letter, or staff meeting agenda shall be submitted to the Office of Childhood. Y 8/14/2023 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
7/31/2023 12:00:00 AM
Approving Supervisor
CHRISCO, MARLA L