R-S Training Outline

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R-S Training Outline

• Randolph Sheppard 101

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Randolph Sheppard Act

• History

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Leonard Robinson

• Authored Light at the Tunnel End
• Blind attorney from Knoxville
• Led fight to get bill enacted
• Based upon similar program in Canada

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Legislation Enacted

• Legislation Opposed
• Organized agencies for the blind
• Legislation Supported
• Lions International
• Veterans
• Organized Labor

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Legislation Enacted (continued)

• Sponsors of the Bill
• Congressman Jennings Randolph West Virginia
• Senator Morris Sheppard Texas
• Bill Signed Into Law
• June 20, 1936
• President Franklin D. Roosevelt

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Randolph Sheppard Act

• Legislative History

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Key Provisions of Original Legislation

• Blind persons were AUTHORIZED to operate vending
  facilities in Federal Buildings
• Established age and visions criteria
• Established licensing procedures
• Defined visual requirements for participation in
  program
• State agency to be designated to administer
  program

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1943 Vocational Rehabilitation Act

• Blind persons became eligible for VR services
• VR funds could be used for Randolph Sheppard
  purposes

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1954 Amendments to Randolph Sheppard Act

• Changed authorized to PREFERENCE
• Change federal buildings to federal property
• List of articles to be sold was expanded to
  include vending and other prepackaged goods
• Established set aside fees
• Granted rights to vendors to have fair hearings

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1965 Amendments to the Vocational Rehabilitation
Act

• Established the VR agency in the state as the
  one to provide supervision to Randolph Sheppard
  Programs

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1974 Amendments to the Randolph Sheppard Act

• Changed preference to PRIORITY
• Removed age requirement
• Included cafeterias
• Income sharing
• Vendor benefits
• Established the Committee of Blind Vendors and
  the requirement of active participation
• Established arbitration procedures to resolve
  disputes
• Authorized the Secretary of the Department of
  Education to promulgate regulations

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34 C.F.R. 395

• 395.1 Terms
• Defines terms found in the regulations
• and law

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34 C.F.R. 395

• 395.2 Applications as Designation as State
  Licensing Agency General
• State agency providing vocational rehabilitation
  services to the blind is the only agency eligible
  for designation as the SLA
• Submitted in writing to the Secretary of
  Education
• Approved by the governor
• Submitted over the signature of the Administrator
  of the SLA

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34 C.F.R. 395

• 395.3 Application as Designation as state
  Licensing Agency Content
• SLAs legal authority to administer the program
• Description of methods for coordinating VR and
  Randolph Sheppard Programs including post
  employment services
• Policies and standards for selecting facility
  sites

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34 C.F.R. 395

• 395.3 Application as Designation as state
  Licensing Agency Content (Contd)
• Methods to ensure active participation by the
  Committee
• Policies for making vending facility equipment
  and stock available to vendors
• Sources of funds

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34 C.F.R. 395

• 395.3 Application as Designation as state
  Licensing Agency Content (Contd)
• Policies describing the relationship between
  agency and vendors
• Selection criteria
• Duties
• Supervision
• Transfer and Promotions
• Financial participation
• Right to a fair hearing and arbitration

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34 C.F.R. 395

• 395.3 Application as Designation as state
  Licensing Agency Content (Contd)
• Methods to provide suitable training, including
  upward mobility training
• Procedures for utilizing a nominee agency if so
  desired
• Arrangements for vesting equipment

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34 C.F.R. 395

• 395.3 Application as Designation as state
  Licensing Agency Content (Contd)
• Assurances
• Cooperate with the Secretary in carrying out the
  requirements of the Act
• Take effective actions for supervision including
  terminating licenses

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34 C.F.R. 395

• 395.3 Application as Designation as state
• Licensing Agency Content (Contd)
• Submit promptly to the Secretary
• Changes in legal authority
• Rule changes
• Set Aside Schedules
• Policies against discrimination
• Provide each vendor a copy of the rules
• Submit to arbitration to grievances by vendors
• Adopt accounting procedures as necessary
• Make reports as required

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34 C.F.R. 395

• 395.4 State Rules and Regulations
• SLA must promulgate
• Rules must be published in accordance with state
  law
• Ensure that equipment stock can only be vested in
  the SLA, vendor, or nominee agency

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34 C.F.R. 395

• 395.5 Approval of Application for designation as
  SLA
• By the Secretary of Education

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34 C.F.R. 395

• 395.17 suspension as Designation as SLA
• May be suspended by the Secretary if (s)he finds
  that the SLA is not in compliance with the Act
• Secretary will first give notice that there are
  compliance issues
• 90 day notice of suspension is required
• SLA can request a hearing before the Secretary or
  his/her designee

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34 C.F.R. 395

• 395.6 Vendor Ownership
• Must have written agreement with vendor
• Rules must set forth guidelines
• Vendor remains Randolph Sheppard vendor

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34 C.F.R. 395

• 395.7 The Issuance and Condition of Licenses
• Criteria for issuance must be objective
• Licensees must be
• Legally blind
• U.S. Citizen
• Certified by the agency to be qualified
• Issued by SLA to vendor for an indefinite period
  of time subject to termination for failure to
  comply with all requirements

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34 C.F.R. 395

• 395.32 Collection and Use of Vending Machine
  Income from Vending Machines on Federal Property
• Property Management official will be responsible
  for collection
• 100 of income from vending machines in direct
  competition to a blind vendor accrues to the SLA
  to be disbursed to the vendor

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34 C.F.R. 395

• 395.32 Collection and Use of Vending Machine
  Income from Vending Machines on Federal Property
  (Contd)
• 50 of income from vending machines not in direct
  competition will accrue to the SLA to be
  disbursed to the vendor
• 30 of income on properties where at least 50 of
  the work is performed after normal work hours

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34 C.F.R. 395

• 395.32 Collection and Use of Vending Machine
  Income from Vending Machines on Federal Property
  (Contd)
• A vendor is limited to receive no more than the
  national average annual income per vendor

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34 C.F.R. 395

• 395.32 Collection and Use of Vending Machine
  Income from Vending Machines on Federal Property
  (Contd)
• Exceptions to income sharing provisions
• Machines controlled by military ship stores or
  post exchanges
• Machines controlled by the VA
• Locations where the income is less than 3,000
  annually

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34 C.F.R. 395

• 395.8 Distribution and Use of Income from
  Vending Machines on Federal Property
• SLA will disburse quarterly
• Vendor is limited to amount he can receive

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34 C.F.R. 395

• 395.8 Distribution and Use of Income from
  Vending Machines on Federal Property (Contd)
• Funds not disbursed to a vendor can be used for
  other purposes as voted on by the vendors
• Retirement or pensions
• Health Insurance
• Sick Leave
• Vacation Pay

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34 C.F.R. 395

• 395.8 Distribution and Use of Income from
  Vending Machines on Federal Property (Contd)
• Funds not used for these purposes may be used by
  program
• Repair and maintenance of equipment
• Purchase of equipment
• Management Services
• Fair minimum return to the vendors

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34 C.F.R. 395

• 395.9 The Setting Aside of Funds by the SLA
• Must be in writing and approved by the Secretary
  of Education
• Can be used for multiple purposes
• Maintenance and repair of equipment
• Purchase of equipment
• Management services
• Fair minimum return
• Benefits as specified in 395.8

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34 C.F.R. 395

• 395.10 The Maintenance and Replacement of
  Vending Facility Equipment
• Responsibility of SLA

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34 C.F.R. 395

• 395.11 Training Program for Blind Individuals
• Must be provided as a VR service to VR clients
• Must include on-the-job training
• Upward Mobility training
• Post employment services

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34 C.F.R. 395

• 395.12 Access to Program and Financial
  Information
• Each blind vendor must be given access
• Schedule a time to interpret the data
• Quarterly and annual reports
• Does not override confidentiality laws

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34 C.F.R. 395

• 395.13 Evidentiary Hearings and Arbitration of
  Complaints
• Available to any blind vendor dissatisfied with
  any agency action arising out of the
  administration of the program
• The filing of a complaint authorizes the release
  of information

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34 C.F.R. 395

• 395.13 Evidentiary Hearings and Arbitration of
  Complaints (Contd)
• If dissatisfied with the decision in a fair
  hearing, a vendor may seek arbitration
• Three member panel appointed by Secretary
• One member selected by vendor
• One member selected by SLA
• Independent member jointly agreed to by other
  two panel members

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34 C.F.R. 395

• 395.13 Evidentiary Hearings and Arbitration of
  Complaints (Contd)
• Decisions are matter of public record
• Decisions are binding upon the parties but are
  subject to judicial review
• Secretary pays all expenses except attorney fees
• Grantors of permits cannot be required to
  participate

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34 C.F.R. 395

• C.F.R. 395.14 Committee of Blind Vendors
• Elected biennially
• Must be representative of all vendors

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34 C.F.R. 395

• Active participation
• Major administrative and policy decisions
  affecting the overall administration of the
  program
• Receive and transmit to the SLA guidance of
  vendors
• Promotions and transfers
• Training

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34 C.F.R. 395

• 395.15 Use of Nominee Agreements
• Must be in writing
• Must ensure that SLA has full responsibility for
  administration of the program

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34 C.F.R. 395

• A. 395.16 Permit for Establishment of Vending
  Facilities
• 1. SLA must submit application in writing
• a. Must specify
• 1. Location
• 2. Amount of space necessary
• 3. Type of facility and equipment
• 4. Number, type, and location of all vending
  machines
• 5. Other terms and conditions

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34 C.F.R. 395

• 395.30 The Location and Operation of Vending
  Facilities for Blind Vendors on Federal Property
• Federal property management must take steps
  necessary to ensure one or more vending
  facilities to be operated by a blind vendor
• Limitations placed on earnings must be approved
  by Secretary

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34 C.F.R. 395

• 395.30 The Location and Operation of Vending
  Facilities for Blind Vendors on Federal Property
  (Contd)
• Exceptions to the priority
• If the facility adversely affects the interests
  of the U.S.
• National Parks where vending is combined with
  other things such as lodging
• Certain NASA facilities

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34 C.F.R. 395

• 395.31 Acquisition and Occupation of Federal
  Property
• Federal agency shall not occupy in whole or in
  part any building unless it determines that there
  is space for a blind vendor
• Federal agency shall provide 60 days notice of
  intent to occupy a building

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C.F.R. 395

• 395.31 Acquisition and Occupation of Federal
  Property (Contd)
• SLA with approval of property management will be
  given opportunity to select location of facility
  and type of service to be provided

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34 C.F.R. 395

• 395.31 Acquisition and Occupation of Federal
  Property (Contd)
• Exceptions to priority
• SLA determines insufficient patronage
• Fewer than 100 Federal employees on the premises
• Less than 15,000 square feet of space
• Leased property and there is a private operation
  that the blind vendor would be in direct
  competition with

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34 C.F.R. 395

• 395.33 Operation of Cafeterias by Blind Vendors
• Priority applies if SLA proposal is in the
  competitive range
• Contract rather than permit
• Property management may choose to bypass
  soliciting proposals and enter into direct
  negotiations with the SLA

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34 C.F.R. 395

• Enforcement Procedures
• Day-to-day problems should be resolved informally
• Issues related to compliance to permit should be
  put in writing by property management

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34 C.F.R. 395

• Arbitration of State Agency Complaints
• Disputes between SLA and Federal property
  management can be resolved using the same
  arbitration process available to vendors