[Federal Register: March 14, 2005 (Volume 70, Number 48)]
[Notices]
[Page 12458-12459]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14mr05-39]
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DEPARTMENT OF EDUCATION
Arbitration Panel Decision Under the Randolph-Sheppard Act
AGENCY: Department of Education.
ACTION: Notice of arbitration panel decision under the Randolph-
Sheppard Act.
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SUMMARY: The Department gives notice that on October 10, 2003, an
arbitration panel rendered a decision in the matter of Faye Autry v.
Kentucky Department for the Blind (Docket No. R-S/00-5). This panel was
convened by the U.S. Department of Education, under 20 U.S.C. 107d-
1(a), after the Department received a complaint filed by the
petitioner, Faye Autry.
FOR FURTHER INFORMATION CONTACT: You may obtain a copy of the full text
of the arbitration panel decision from Suzette
[[Page 12459]]
E. Haynes, U.S. Department of Education, 400 Maryland Avenue, SW., room
5022, Potomac Center Plaza, Washington, DC 20202-2800. Telephone: (202)
245-7374. If you use a telecommunications device for the deaf (TDD),
you may call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed in the preceding
paragraph.
SUPPLEMENTARY INFORMATION: Under section 6(c) of the Randolph-Sheppard
Act (the Act), 20 U.S.C. 107d-2(c), the Secretary publishes in the
Federal Register a synopsis of each arbitration panel decision
affecting the administration of vending facilities on Federal and other
property.
Background
This dispute concerns the alleged improper denial of Ms. Faye
Autry's bid request to transfer to another facility under the Kentucky
Department for the Blind's transfer and promotion policies, in
violation of the Act (20 U.S.C. 107 et seq.), the implementing
regulations in 34 CFR part 395, and State rules and regulations.
A summary of the facts is as follows: In January 1999 the Kentucky
Department for the Blind, the State licensing agency (SLA), notified
vendors of an opening to provide food services at the Fort Knox
Military Base in Fort Knox, Kentucky.
On February 26, 1999, the SLA was awarded the food service
contract. Prior to receiving the food service contract, the SLA's
Upward Mobility Selection Committee (the Committee) interviewed and
rated each of the six finalists including Ms. Autry (complainant). The
SLA used criteria established by the SLA's rules and regulations
governing the transfer and promotion of vendors in the Kentucky
Business Enterprise Program (BEP).
On February 9, 1999, the Committee discussed the applicants and
made its recommendation to the SLA's Director of BEP. The Director, who
participated in the February 9th discussions, concurred with the
Committee's recommendation, awarding the vending facility management
position at Fort Knox to a vendor other than Ms. Autry.
Following the Committee's decision, complainant requested a State
fair hearing based upon her dissatisfaction with the Committee's choice
of another vendor. At complainant's request, a fair hearing on this
matter was held on May 12, 13, and 27, June 4 and 25, and July 15,
1999. In a decision dated February 14, 2000, the hearing officer ruled
that Ms. Autry failed to demonstrate that the Committee and the SLA
improperly applied State rules and regulations governing transfer and
promotion in this case.
On March 20, 2000, the SLA informed complainant it had adopted the
hearing officer's decision as final agency action. Complainant sought
review by a Federal arbitration panel of that decision.
Arbitration Panel Decision
The issue heard by the panel was whether the Kentucky Department
for the Blind violated the Act, 20 U.S.C. 107 et seq., the implementing
regulations in 34 CFR part 395, and its own rules and regulations in
allegedly improperly denying complainant's bid on the vending facility
at the Fort Knox Military Base.
After reviewing all of the records and hearing testimony of
witnesses, the majority of the panel ruled that the SLA acted properly
and in full and fair compliance with the Act, implementing regulations,
and State rules and regulations. Therefore, the panel denied
complainant's grievance.
The views and opinions expressed by the panel do not necessarily
represent the views and opinions of the U.S. Department of Education.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html
.
Dated: March 8, 2005.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 05-4941 Filed 3-11-05; 8:45 am]
BILLING CODE 4000-01-P