[Federal Register: October 17, 1995 (Volume 60, Number 200)]
[Notices]
[Page 53768]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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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: Notice is hereby given that on December 20, 1993, an
arbitration panel rendered a decision in the matter of C. Gene King v.
Indiana Department of Human Services, Office of Services for the Blind
and Visually Impaired (Case No. R-S/91-11). This panel was convened by
the Secretary of the U.S. Department of Education pursuant to 20 U.S.C.
107d-2, upon receipt of a complaint filed by petitioner C. Gene King.
FOR FURTHER INFORMATION CONTACT: A copy of the full text of the
arbitration panel decision may be obtained from George F. Arsnow, U.S.
Department of Education, 600 Independence Avenue, S.W., Room 3230,
Switzer Building, Washington, D.C. 20202-2738. Telephone: (202) 205-
9317. Individuals who use a telecommunications device for the deaf
(TDD) may call the TDD number at (202) 205-8298.
SUPPLEMENTARY INFORMATION: Pursuant to the Randolph-Sheppard Act (20
U.S.C.107d-2(c)), the Secretary publishes a synopsis of arbitration
panel decisions affecting the administration of vending facilities on
Federal and other property.
Background
The Indiana Department of Human Services, through its Office of
Services for the Blind and Visually Impaired (OSBVI), is the State
licensing agency under the Randolph-Sheppard Act. In 1985, on an
experimental basis, OSBVI offered vending locations that included both
sides of the interstate highway system. Only one vendor, Mrs. Tetzlaff,
who was a member of the State Committee of Blind Vendors, took a two-
sided location. The other locations later were bid to commercial
vendors. After studying the revenue from the highway locations, OSBVI
decided that one-sided highway locations provided adequate income to a
vendor, thus giving more blind vendors an opportunity to participate in
the Randolph-Sheppard program. In May 1990, after consultation with the
State Committee of Blind Vendors, OSBVI changed its policy and
announced that highway locations would be opened and placed for bid as
Randolph-Sheppard facilities, awarding only one location per vendor,
with the understanding that one location meant on one side of the
highway only.
Mr. C. Gene King, complainant, is a blind vendor licensed by the
Indiana Department of Human Services. Mr. King has participated in the
program since 1980, successfully managing a facility in Indianapolis.
Mr. King contends that OSBVI discriminated against the blind in the
awarding of vending facilities located along the interstate highway
system by allowing Mrs. Tetzlaff to retain her vending facility located
on both sides of the highway awarded to her in 1985. Mr. King believed
the decision to change policy was biased since Mrs. Tetzlaff was on the
State Committee of Blind Vendors. Mr. King also contended that OSBVI
restricted upward mobility opportunities for blind vendors in May of
1990 when it made additional highway locations available.
Arbitration Panel Decision
On the issue of whether the decision by OSBVI to change the policy
of awarding Randolph-Sheppard facilities was improperly influenced by
Mrs. Tetzlaff, the panel found in favor of the State agency. The panel
found that, even though Mrs. Tetzlaff was a member of the State
Committee of Blind Vendors, she did not vote in any of the meetings
pertaining to the policy change regarding the facilities located on the
interstate highway system. The panel found that the State agency had
the authority to establish new Randolph-Sheppard locations without
participation of the State Committee of Blind Vendors.
The panel also found that OSBVI did not restrict the upward
mobility and income of vendors in the State of Indiana. The OSBVI was
within the scope of the enabling legislation by providing additional
locations in May 1990, thus creating more opportunities for additional
blind vendors to earn a fair income. The panel decided that no further
action was required because Mr. King could not support his contentions.
The views and opinions expressed by the panel do not necessarily
represent the views and opinions of the U.S. Department of Education.
Dated: October 11, 1995.
Howard R. Moses,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 95-25718 Filed 10-16-95; 8:45 am]
BILLING CODE 4000-01-P