From terrydeagle at yahoo.com Wed Jun 12 12:10:19 2013 From: terrydeagle at yahoo.com (Terry Eagle) Date: Wed, 12 Jun 2013 08:10:19 -0400 Subject: [Vendorsmi] An NFBM Pioneer Passes the Torch References: <6905419.1371036615343.JavaMail.Administrator@newsline-srvra> Message-ID: <99408D97B9704228BB9F236B4D053185@TerryPC> Dorothy Ann (Eagle) Scott Dorothy Ann (Eagle) Scott Lansing Dorothy, age 93, went home to be with her Lord God on June 10, 2013. Dorothy Ann Willett was born December 9, 1919 in Ancon, Panama Canal Zone to Jennie Julia (Jarvis) Willett and Henry Emerson Willett Sr. who was a locomotive Engineer during the construction of the canal. Dorothy graduated in 1938 from the Michigan School for the Blind in Lansing, spending holidays and summer vacations with her parents in her hometown of Flint. Following graduation Dorothy operated her own Blind Made Home Products business in Flint. In 1939 Dorothy became America's first blind female licensed amateur ham radio operator, W8UDA. Known as Unpredictable Dorothy Ann, Dorothy used Morse code, and assisted in transmitting messages throughout WWII. She enjoyed her ham radio hobby for many years. In 1941 Dorothy was a founding member of the National Federation of the Blind of Michigan, holding office and remaining active in NFB for over 50 years. Dorothy's loving husband, Paul Deindorfer, died tragically eighteen months after their marriage. In the early 1950's Dorothy married Donald Eagle. Dorothy worked full-time as homemaker and loving mother of their five children for over 25 years. Dorothy was active in her five children's school activities, and was President of the Parent Teacher Association (PTA) in Pontiac, Michigan. Dorothy moved from Pontiac to Lansing in 1983 to be closer to her grown children and grandchildren. In 1996 Dorothy married Lawrence Scott. A life-long active member of the Roman Catholic faith and church, Dorothy's week was highlighted by attending Sunday Mass. Dorothy was a regular lector at St. Mary Cathedral in Lansing, reading and spreading the Word of God by reading Braille. Dorothy also looked forward to and enjoyed attending the annual spiritual retreat for sight impaired persons, held each spring at St. Francis Retreat Center in DeWitt. In 2000, Dorothy became an Associate of the Sisters of the Order of the Servants of the Lamb of God. Dorothy was fond of cats and dogs, leaving behind her beloved cat Cassandra, a gift from a local priest, following the death of her cat Missy. She also supported the Leader Dogs for the Blind which had provided guide dogs Jeanie and Prince to her in her early years. Dorothy is survived by her husband Lawrence Scott; Children, Robin Eagle, Terry Eagle, and Cheri Eagle of Lansing, Michael Eagle of Mulliken, Dee Ann (Matthew) Kimball of Centennial, CO; and nephew Dale (Betty) Willett many beloved grandchildren and great grandchildren. Dorothy was preceded in death by her parents; husband, Paul Deindorfer and Donald Eagle; Sibling, Henry (Margaret) Willett Jr.; daughter-in-law Cynthia Ashmore Eagle. A funeral Mass will be held at 1:00 p.m. Friday June 15, 2013, St. Mary Cathedral, 219 Seymore St., Lansing. Burial will follow at St. Joseph Catholic Cemetery, 2520 W. Willow St., Lansing. Viewings will be held at Tiffany Funeral Home, 3232 W. Saginaw St., Lansing, Wednesday June 12, 6-8p.m; Thursday June 13, 2-4p.m. and 6-8p.m. Donations may be made in memory of Dorothy to the Mother Teresa Hospice House of Lansing; the St. Francis Retreat Center, DeWitt, MI; the National Federation of the Blind of Michigan; the Capital Area Humane Society; or Leader Dog of Michigan, Rochester, MI.. Published in Lansing State Journal on June 12, 2013. From suncat0 at gmail.com Thu Jun 27 20:26:44 2013 From: suncat0 at gmail.com (Joe Sontag) Date: Thu, 27 Jun 2013 16:26:44 -0400 Subject: [Vendorsmi] From the July Braille Monitor Message-ID: <9B69FFAC7D92443AA5129F8CDEB41BAE@Reputercat0> Feel free to reply to this e-mail with your thoughts, questions, whatever. Joe Sontag Randolph-Sheppard: Our History Calls Us to Action by James Gashel From the Editor: Jim Gashel is the secretary of the National Federation of the Blind, vice president in charge of marketing for KNFB Reading Technologies, and former director of governmental affairs and later head of strategic initiatives for the National Federation of the Blind. To newer members of the Federation, Jim is best known as the man who is always talking about books and reading technology, but to longtime members, and especially to those who have long been active in the Randolph-Sheppard Program, he is probably best known for his creative leadership in crafting legislation and implementing regulations to advance the rights of blind entrepreneurs. The following remarks were delivered at the 2013 Business Leadership and Superior Training (BLAST) Conference, a place where the fruits of Jim's work are made manifest in the lives of hundreds of blind businessmen and businesswomen. Here is what he said to conference participants: Thank you very much. What a pleasure it is for me to be back at BLAST, not to mention having the special privilege of being asked to speak to the whole crowd, and I don't think I am expected to talk about books or to demonstrate any technology. Wow! All I have to do is relax and say something meaningful about blind people succeeding in business-that I can do. Although BLAST reflects an interest among blind people that goes beyond the operation of vending facilities alone, these business leadership gatherings certainly have a rich tradition of speaking to the needs of blind vendors. And, by the way, how about getting our more modern term, "blind entrepreneurs," officially adopted to express who we are and who we have become? According to the Merriam-Webster Online Dictionary, an entrepreneur is "one who organizes, manages, and assumes the risks of a business or enterprise," and the same source defines "vendor" as "one who sells" or "vending machine." So here's your choice: you can organize, manage, and assume the risk of a business, on the one hand, or, on the other, you can be a vending machine-take your pick. Now the Randolph-Sheppard Act was originally written in 1936 when two members of Congress-Jennings Randolph and Morris Sheppard-put their heads together to back an historic economic opportunity bill for the blind. Jennings Randolph served as a member of the House of Representatives from West Virginia, and Morris Sheppard represented Texas in the Senate. Their vision was to create business opportunities for blind people by means of a preference for vending stands run by the blind to be set up in federal buildings; the concept was really quite simple and amazingly elegant. Elegant? I think so. Remember, we are talking about a bill developed in the 1930s in the midst of the Great Depression. Few blind people had jobs outside of working in workshops or making brooms or rugs at home. The chance to have a small business if you were blind at that time was all but unheard of, and here were two visionaries in the Congress working to create a business program for the blind. Even more amazing, they were working to create this program a full four years before the founding meeting of the National Federation of the Blind in Wilkes-Barre, Pennsylvania. Imagine if Messrs. Randolph and Sheppard could be present here at BLAST 2013, how proud they would be; their vision lives in us. But the vision that Jennings Randolph and Morris Sheppard had in 1936 was not the only vision for the blind at that time. In 1938 Congress passed two other laws about employment of the blind, and both are still on the books. One of these was the Wagner-O'Day Act, providing sheltered work opportunities for the blind to make products needed by the government. This is now called the Javits-Wagner-O'Day Act, and the program is known as "Ability One." The second law enacted in 1938 was the Fair Labor Standards Act, for the first time setting up a minimum wage for all workers in the U.S., except for workers like the blind, who were presumed to be unable to be productive. Unlike the Randolph-Sheppard Act, which focused on enlarging economic opportunities, the abilities of the blind, and striving to become self-supporting, the Wagner-O'Day Act and the Fair Labor Standards Act focused on disabilities and limitations, promoting sheltered jobs at substandard wages for the blind on assembly lines but no jobs in the front office. All jobs in the executive suite were reserved for the sighted. This vision for the blind reflected a plantation mentality. So what are the results of these visions from the 1930s three-quarters of a century later? Annual gross sales reported by blind entrepreneurs in federal fiscal year 2010-the most recent year available-$792,613,306, with net earnings to the blind of $134,412,036, and average earnings of $56,168. Although blind people can certainly find jobs individually that are more lucrative, as a group blind entrepreneurs do better than any other single subset of blind people in the U.S. and probably around the world as well. Turning to Ability One, $557,700,000 was paid out in wages to 48,816 blind and disabled employees in fiscal year 2012. These 48,816 employees worked a total of 47,700,000 hours during the year, with the average number of hours being 977, or on average less than half-time employment. With an average hourly wage of about $11.24, the average annual compensation of Ability One employees was $10,983 and change during 2012. Now remember that the average net earnings of blind Randolph-Sheppard entrepreneurs was more than $56,000 even two years before these official figures from Ability One. In Randolph-Sheppard, blind people are the managers, but not so in Ability One, where the amount paid to sighted, non-disabled managers is not even disclosed except through occasional press reports and annual charity filings. Imagine what life would be like to be the president and CEO of Goodwill International, perhaps the largest of the mega charities with contracts through Ability One. According to Goodwill's form 990, filed with the Internal Revenue Service for 2012, the president and CEO received an annual salary of $434,252 and total benefits and other compensation of $99,513, as well as retirement and non-taxable benefits of $103,554. Added all together, his total compensation and benefits package amounted to $637,319 in 2012. Also his eight other colleagues in the executive suite with pay high enough to report, collectively received salaries and benefits totaling $1,815,770 as a group. And all of this to produce average annual wages of less than $11,000 for their blind and disabled employees; and they wonder why we call it exploitation! Looking at the results, the vision of Randolph-Sheppard, focusing on ability, has clearly delivered better opportunities for blind entrepreneurs than the so-called "Ability One" program has done with its focus on disability and limitations of blind and disabled workers. The reason why is not a mystery. If you're looking for the secret sauce that makes the Randolph-Sheppard vision work, look no further than the spirit of an entrepreneur-not to mention the collective power of several hundred entrepreneurs assembled for this conference and hundreds more working to support one another through the National Federation of the Blind and our merchants division. To be fair, the Randolph-Sheppard program does provide blind entrepreneurs with space, resources, and support (including money) needed to set up shop. This help is vital, but businesses succeed over time with smart management, strategic planning, hard work, dogged determination, and serving the customer first to sustain and build demand. State agencies do not-cannot-provide these essentials, but all of them are job one for blind entrepreneurs. In 1974 the law on federal property was changed to convert a preference for the blind when feasible into a priority, meaning a first-in- line status or prior right for blind people over other competing interests. The 1930s term "vending stand," was replaced by a far broader definition of vending facility, incorporating gift shops, cafeterias, and other services not thought of as falling within the more limited scope of a vending stand. The point is, blind people had outgrown the original concept of a single vendor in a small stand and were demanding more lucrative business opportunities. In 1966, when a new federal building was constructed in Des Moines, Iowa, a great kerfuffle ensued over how food service would be provided to employees and the public. As late as the 1950s (according to the minutes of the Iowa Commission for the Blind), popcorn stands were the most common form of business operated by the blind in the state, so the idea that a blind person would operate the cafeteria in the new federal building was unthinkable, and the law did not support this outcome. But the fact that the blind had popcorn stands but not cafeterias did not stop Dr. Kenneth Jernigan and the blind of Iowa. Never mind the limitations of the Randolph-Sheppard Act at that time; the tide of change was rising, and the newfound voice of the blind-the organized blind-would not be denied. So, when the cafeteria opened on the first day, Sylvester Nimmers, a blind person, was in charge. Regardless of the limits of the Randolph-Sheppard Act, and over the objections of the U.S. General Services Administration, a way had been found to honor the preference for the blind. Rather than calling the food service a cafeteria, which it was-no question- a permit was granted for operation of a manually operated snack bar. That's what they called it on the books at the GSA in Washington, DC, but in Des Moines this business was a cafeteria. Call it by any name you want-call it George or Kevan if you want-but this business was a cafeteria. The rising expectations of the blind would not be denied. So it was by no means an accident that, when the 1974 amendments to the Randolph-Sheppard Act were written, cafeterias were specified as covered under the priority for the blind. Through our advocacy in Congress we made that happen. Today, although the Ability One executives don't like it, cafeterias even include military troop dining services. The businesses resulting from these contracts keep faith with the Randolph-Sheppard Act objective to support blind people in achieving their maximum vocational potential. In fact some blind entrepreneurs show higher annual earnings than the sighted executives at Ability One and its affiliates. Need I add that they do this without exploiting their blind or disabled employees? Business opportunities awarded to blind entrepreneurs resulting from the vision of Jennings Randolph and Morris Sheppard are among the best business opportunities available to blind people anywhere in the world. And what of our counterparts, the state agencies and the Department of Education? Clearly some of the state agencies are our partners and stand with us in promoting the vision of Jennings Randolph and Morris Sheppard. Some of those agencies are represented at this conference, and others would be here, state funds and travel restrictions permitting. To those who support us and work with the blind to expand opportunities we say: your support deserves our support. When times get hard, when jobs are on the line and budgets get tight, you can count on our support, and you have nothing to fear from the blind. But, I think I have to say this: there are other agencies that have turned their backs on blind entrepreneurs and view the Randolph-Sheppard program as an annoyance. Rather than taking pride in the success achieved by blind entrepreneurs, their administrators and staff resent the blind and especially resent those whose earnings exceed their own. Rather than sharing the entrepreneurial spirit of Jennings Randolph and Morris Sheppard, they view the blind as subservient. And to these agencies and their resentful staff we say: your days are numbered. Although you may not understand or believe this fact, the jobs you have depend on us. Trample on the blind if you will, but we will not forget what you have done. To the Department of Education for failing in its statutory stewardship on behalf of the Randolph-Sheppard vision and mission we say: shame on you. Shame on you for putting bureaucratic inertia-the desire to go along and get along-ahead of doing your duty to build more opportunities and better lives for the blind. And shame on you especially for tying the hands of our friends and colleagues both inside and outside of the Department who share the vision of Jennings Randolph and Morris Sheppard. To the blind it matters not whether your failure comes from ineptness, indifference, or a conscious disregard of the law; the result for the blind in lost opportunities and wasted lives is all the same. Finally, what of ourselves-America's blind entrepreneurs and our friends? To this group-growing in numbers and firm in purpose-we say: on behalf of the blind we salute you. In business and in life you are the finest examples of success and tenacity. Because of you the vision of Jennings Randolph and Morris Sheppard is still alive. For the blind of the present generation and the generations to come, we thank you. Through your entrepreneurial spirit you are changing what it means to be blind. ---------- -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- An embedded and charset-unspecified text was scrubbed... Name: Randolph-Sheppard.txt URL: From suncat0 at gmail.com Fri Jun 28 02:58:27 2013 From: suncat0 at gmail.com (Joe Sontag) Date: Thu, 27 Jun 2013 22:58:27 -0400 Subject: [Vendorsmi] Fw: [nfbmi-talk] Blind Vendor's Bill of Rights and Responsibilities Message-ID: <838C49C2A9104D7DBD5817ABCF44A461@Reputercat0> Well, do BEP operators have these rights at this time? Read the rest of this message and tell us what you think. Joe Sontag ----- Original Message ----- From: "Larry Posont" To: Sent: Thursday, June 27, 2013 20:45 Subject: [nfbmi-talk] Blind Vendor's Bill of Rights and Responsibilities National Federation of the Blind of Michigan 20812 Ann Arbor Trail Dearborn Heights, MI 48127 June 27, 2013 Dear Michigan Federationists: Please read and respond to this document of Vendor's Bill of Rights. Do you think vendors in Michigan have these rights? Sincerely, Larry Posont President National Federation of the Blind of Michigan (313) 271-3058 Email: president.nfb.mi at gmail.com Web page: www.nfbmi.org Vehicle Donations Take the Blind Further Donate your car to the National Federation of the Blind today! For more information, please visit: www.carshelpingtheblind.org or call 1-855-659-9314 tion | Blind Vendor Rights and Responsibilities Blind Vendor Bill of Rights and Responsibilities WHEREAS, the Randolph-Sheppard Act provides for certain specific rights and responsibilities, and WHEREAS, written guidance detailing these rights and responsibilities may be helpful to blind vendors, state licensing agencies, and other stakeholders, NOW, we are proud to release the first ever Blind Vendor Bill of Rights and Responsibilities. We are detailing many of the generally accepted responsibilities which we hope will inspire best business practices and imaginative collaborations. The detailed Bill of Rights was developed through consultation with blind vendors, state licensing agencies, stakeholders, and Randolph-Sheppard legal experts. We appreciate the work of Susan Rockwood Gashel, Esq., former Deputy Attorney General of Hawaii. Ms. Rockwood Gashel is now general counsel to the National Association of Blind Merchants. She has worked for many hours with great diligence to ensure that these rights and responsibilities are firmly established by law. The National Association of Blind Merchants is proud to release this Bill of Rights and Responsibilities. Nicky Gacos President National Association of Blind Merchants Responsibilities of a Blind Licensee Pursuant to the R-S Act 1. Operate the vending facility pursuant to the terms of the permit. 34 C.F.R. ? 395.7(b), 34 C.F.R. ? 395.35. The Licensee is to ensure: A. there is no discrimination in the selection of employees based on sex, race, age, creed, color, national origin, physical or mental disability, or political affiliation; B. there is no discrimination in providing services, privileges, accommodations, or activities; and C. the vending facilities are kept clean, and operated in compliance with applicable health, sanitation, and building codes or ordinances. 2. Understand and follow the rules and regulations, permit and operating agreements. 34 C.F.R. ? 395.35. 3. Participate in the resolution of day-to-day problems with the SLA and the on-site official responsible for the property. 34 C.F.R. ? 395.36(a). 4. When the SLA has entered into a written agreement for ownership of a vending facility with the licensee, and the agreement requires the licensee to replace worn-out or obsolete equipment, the vendor is required to do so. 34 C.F.R. ? 395.6 5. Maintain adequate inventory (stock). 34 C.F.R. ? 395.3(a)(5). 6. Pay set aside when applicable. 34 C.F.R. ? 395.9. 7. Seek and obtain upward mobility training as necessary to ensure successful operation of the vendor?s facility. 34 C.F.R. ? 395.3. 8. Promptly submit financial monthly reports when due. Policy Directive RSA-PD-12-04, available at http://www2.ed.gov/policy/speced/guid/rsa/pd/2012/pd-12-04.pdf. 9. Participate in the biennial election of committee members. 34 C.F.R. ? 395.14. 10. Attend annual training and committee meetings; participate in subcommittees to improve program administration, regulations, and training. 34 C.F.R. ? 395.14(b)(5). 11. Vote on the use of set aside funds and/or unassigned vending machine income for fringe benefits. 34 C.F.R. ? 395. 8(c). 12. Engage in 21st Century best business practices, conducting business and program governance with integrity, inclusion, respect for the rights of others, and a heart of service. All Blind Entrepreneurs in the Randolph-Sheppard Program Have the Right To: Right No. 1. THE PRIORITY. All blind licensees have a prior right to operate vending facilities; Federal agencies are required to establish one or more vending facilities to be operated by blind licensees on all Federal property. State law rights vary. SOURCES OF RIGHT NO. 1: ?? blind persons licensed under the provisions of this chapter shall be authorized to operate vending facilities on any Federal property.? 20 U.S.C. ? 107(a). ??wherever feasible, one or more vending facilities are established on all Federal property to the extent that any such facility or facilities would not adversely affect the interests of the United States. ? 20 U.S.C. ? 107(b)(2). Right No. 2. INDEFINITE LICENSE. Once licensure is obtained, the license can only be terminated after an opportunity for a fair hearing and only if the vendor?s facility is not being operated in accordance with the SLA?s rules and regulations. SOURCES OF RIGHT NO. 2: ?Each such license shall be issued for an indefinite period but may be terminated by the State licensing agency if it is satisfied that the facility is not being operated in accordance with the rules and regulations prescribed by such licensing agency. ? 20 U.S. ? 107a(a)(6). ?The State licensing agency shall provide for the issuance of licenses for an indefinite period but subject to suspension or termination if, after affording the vendor an opportunity for a full evidentiary hearing, the State licensing agency finds that the vending facility is not being operated in accordance with its rules and regulations, the terms and conditions of the permit, and the terms and conditions of the agreement with the vendor.? 34 C.F.R. ? 395.7(b). Right No. 3. EQUIPMENT AND INITIAL STOCK. A licensed vendor has the right to suitable vending facility equipment maintained in good repair and adequate initial stock. SOURCES OF RIGHT NO. 3: A State agency shall agree ?to provide for each licensed blind person such vending facility equipment, and adequate initial stock of suitable articles to be vended therefrom, as may be necessary.? 20 U.S.C. ? 107b(1). ?The State licensing agency shall maintain (or cause to be maintained) all vending facility equipment in good repair and in an attractive condition and shall replace or cause to be replaced worn-out and obsolete equipment as required to ensure the continued successful operation of the facility.? 34 C.F.R. ? 395.10. Right No. 4. TRAINING AND CONSULTATION. A licensee has the right to adequate training and management services, both before and after licensure, coordinated with the State VR program including post employment services to assure maximum vocational potential of each blind vendor is achieved. SOURCES OF RIGHT NO. 4: ?The Commissioner shall insure, through promulgation of appropriate regulations, that uniform and effective training programs, including on-the-job training, are provided for blind individuals, through services under the Rehabilitation Act of 1973 [29 U.S.C.A. ? 701 et seq.]. He shall further insure that State agencies provide programs for upward mobility (including further education and additional training or retraining for improved work opportunities) for all trainees under this chapter, and that follow-along services are provided to such trainees to assure that their maximum vocational potential is achieved.? 20 U.S.C. ? 107d-4. The SLA?s application shall include ?the methods to followed in providing suitable training, including on-the-job training and, where appropriate, upward mobility training, to blind vendors.? 34 C.F.R. ? 395.3(a)(8). ?The State licensing agency shall ensure that effective programs of vocational and other training services, including personal and vocational adjustment, books, tools, and other training materials, shall be provided to blind individuals as vocational rehabilitation services under the Rehabilitation Act of 1973 (Pub. L. 93?112), as amended by the Rehabilitation Act Amendments of 1974 (Pub. L. 93?516). Such programs shall include on-the-job training in all aspects of vending facility operation for blind persons with the capacity to operate a vending facility, and upward mobility training (including further education and additional training or retraining for improved work opportunities) for all blind licensees. The State licensing agency shall further ensure that post-employment services shall be provided to blind vendors as vocational rehabilitation services as necessary to assure that the maximum vocational potential of such vendors is achieved and suitable employment is maintained within the State's vending facility program.? 34 C.F.R. ? 395.11. ?Management services means supervision, inspection, quality control, consultation, accounting, regulating, in-service training, and other related services provided on a systematic basis to support and improve vending facilities operated by blind vendors. Management services does not include those services or costs which pertain to the on-going operation of an individual facility after the initial establishment period.? 34 C.F.R. ? 395.1(j) Right No. 5: INDEFINITE PERMIT FOR A SATISFACTORY SITE ON FEDERAL PROPERTYand certain other property if required by state law. On Federal property, the site is to be satisfactory -- 250 sq. ft. (including storage) with sufficient plumbing, heating & ventilation per health & building codes. SOURCES OF RIGHT NO. 5: ?The permit shall be issued for an indefinite period of time subject to suspension or termination on the basis of compliance with agreed upon terms.? 34 C.F.R. ? 395(b). Satisfactory site means an area fully accessible to vending facility patrons and having: (1) Effective on March 23, 1977 a minimum of 250 square feet available for the vending and storage of articles necessary for the operation of a vending facility; and (2) Sufficient electrical plumbing, heating, and ventilation outlets for the location and operation of a vending facility in accordance with applicable health laws and building codes.? 34 C.F.R. ? 395.1(q). ?No ? agency shall undertake to acquire by ownership, rent, or lease, or to otherwise occupy, in whole or in part, any building unless it is determined that such building includes a satisfactory site or sites for the location and operation of a vending facility by a blind vendor.? 34 C.F.R. ? 395.31(a). Right No. 6: NET PROCEEDS. The licensee has the right to the profit from sales, less set aside, without income limitations. Associated is the right to independently manage day-to-day operations, including decisions regarding partnering with private entities. SOURCES OF RIGHT NO. 6: ?if any funds are set aside, or caused to be set aside, from the net proceeds of the operation of the vending facilities, such funds shall be set aside, or caused to be set aside, only to the extent necessary for and may be used only for the purposes of . . . in no event shall the amount of such funds to be set aside from the net proceeds of any vending facility exceed a reasonable amount which shall be determined by the Secretary? 20 U.S.C. ? 107b(3). Any limitation on the placement or operation of a vending facility based on a finding that such placement or operation would adversely affect the interests of the United States shall be fully justified in writing, who shall determine whether such limitation is justified. 20 U.S.C. ? 107(b). No limitation shall be imposed on income from vending machines, combined to create a vending facility, which are maintained, serviced, or operated by a blind licensee. 20 U.S.C. ? 107d-3(a). Net proceeds means ?the amount remaining from the sale of articles or services of vending facilities, and any vending machine or other income accruing to blind vendors after deducting the cost of such sale and other expenses (excluding set-aside charges required to be paid by such blind vendors). ? 34 C.F.R. ? 395.1(k). ?[s]uch operation shall be expected to provide maximum employment opportunities to blind vendors to the greatest extent possible.? 34 C.F.R. ? 395.33(a). ?no department, agency, or instrumentality of the United States, shall undertake to occupy, in whole or in part, any building which is to be constructed, substantially altered, or renovated, ? unless it is determined that the design for such construction, substantial alteration, or renovation includes a satisfactory site or sites for the location and operation of a vending facility by a blind vendor. 34 C.F.R. 395.31(b) (emphasis added). Right No. 7. VENDING MACHINE INCOME ON FEDERAL PROPERTY. Income from vending machines on federal property is allocated to the blind licensee where there is competition. For non-competing vending machine income, the SLA administers the funds as voted upon by a majority of blind licensees; uses are limited to retirement/ pension plans, health insurance, and paid sick leave/vacation time. SOURCE OF RIGHT NO. 7: ?100 per centum of all vending machine income from vending machines on Federal property which are in direct competition with a vending facility operated by a blind vendor shall accrue to the State licensing agency which shall disburse such income to such blind vendor operating such vending facility on such property provided that the total amount of such income accruing to such blind vendor does not exceed the maximum amount determined under ?395.8(a). In the event that there is income from such vending machines in excess of the maximum amount which may be disbursed to the blind vendor under ?395.8(a), such additional income shall accrue to the State licensing agency for purposes determined in accordance with ?395.8(c). 34 C.F.R. ? 395.32(b). Right No. 8. DUE PROCESS. A vendor is entitled to a full evidentiary hearing; if dissatisfied with the decision, a vendor has the right to submit the grievance to an arbitration panel with costs of arbitration panel to be paid by the Secretary of Education. SOURCE OF RIGHT NO. 8: Any blind licensee who is dissatisfied with any action arising from the operation or administration of the vending facility program may submit to a State licensing agency a request for a full evidentiary hearing, which shall be provided by such agency in accordance with section 107b(6) of this title. If such blind licensee is dissatisfied with any action taken or decision rendered as a result of such hearing, he may file a complaint with the Secretary who shall convene a panel to arbitrate the dispute pursuant to section 107d-2 of this title, and the decision of such panel shall be final and binding on the parties except as otherwise provided in this chapter. ? 107d-1. Grievances of blind licensees, 20 USCA ? 107d-1 ?The State licensing agency shall specify in writing and maintain procedures whereby such agency affords an opportunity for a full evidentiary hearing to each blind vendor (which procedures shall also apply to cases under ?395.6(e)) dissatisfied with any State licensing agency action arising from the operation or administration of the vending facility program. When such blind vendor is dissatisfied with any action taken or decision rendered as a result of such hearing, he may file a complaint with the Secretary.? 34 C.F.R. ? 395.13(a). Right No. 9: IMPARTIAL SELECTION PROCESS IN TRANSFER AND PROMOTION. A licensee has the right to have a transfer and selection process that is based on objective criteria developed with the active participation of the vendors? committee. SOURCES OF RIGHT NO. 9: ?participation, with the State agency, in the development and administration of a transfer and promotion system for blind licensees? 20 U.S.C. 107b-1(3). The preamble to the 1975 amendments makes it clear that fair and uniform treatment of vendors is required. Right No. 10: ACTIVE PARTICIPATION. Via the elected state committee, a blind licensee has the right to participate in (a) major administrative decisions and policy and program development decisions affecting the overall administration of the vending facility program before the SLA implements decisions; (b) advocacy for grievants; (c) development of the transfer and promotion system; (d) training; and (e) sponsorship of meeting and instructional programs. SOURCES OF RIGHT NO. 10: (b) The State Committee of Blind Vendors shall:(1) Actively participate with the State licensing agency in major administrative decisions and policy and program development decisions affecting the overall administration of the State's vending facility program;(2) Receive and transmit to the State licensing agency grievances at the request of blind vendors and serve as advocates for such vendors in connection with such grievances;(3) Actively participate with the State licensing agency in the development and administration of a State system for the transfer and promotion of blind vendors;(4) Actively participate with the State licensing agency in the development of training and retraining programs for blind vendors; and (5) Sponsor, with the assistance of the State licensing agency, meetings and instructional conferences for blind vendors within the State. 34 C.F.R. ? 396.14(b). Right No. 11: PROGRAM AND FINANCIAL INFORMATION. Insofar as practicable, must be provided by Braille or recorded tape. Assistance with interpretation is to be provided by the SLA. Under the Americans with Disabilities Act, documents must be accessible. SOURCES OF RIGHT NO. 11: ?Each blind vendor under this part shall be provided access to all financial data of the State licensing agency relevant to the operation of the State vending facility program, including quarterly and annual financial reports, provided that such disclosure does not violate applicable Federal or State laws pertaining to the disclosure of confidential information. Insofar as practicable, such data shall be made available in braille or recorded tape. At the request of a blind vendorState licensing agency staff shall arrange a convenient time to assist in the interpretation of such financial data.? 34 C.F.R. ? 395.12. State agencies are required to provide ?effective methods of making visually delivered materials available to individuals who are blind or have low vision.? 42 U.S.C. ? 12103, 28 C.F.R. ? 36.303. Right No. 12: APPROVAL BY THE UNITED STATES DEPARTMENT OF EDUCATION OF CHANGES IN RULES AND POLICIES. After active participation, SLA?s proposed changes in rules, regulations, blind vendor agreements, set aside schedules, and arrangements for carrying insurance, as well as changes in the application for designation as SLA must be submitted to the Department of Education. SOURCES OF RIGHT NO. 12: (11) The assurances of the State licensing agency that it will: (i) Cooperate with the Secretary in applying the requirements of the Act in a uniform manner; (ii) Take effective action, including the termination of licenses, to carry out full responsibility for the supervision and management of each vending facility in its program in accordance with its established rules and regulations, this part, and the terms and conditions governing the permit; (iii) Submit promptly to the Secretary for approval a description of any changes in the legal authority of the State licensing agency, its rules and regulations, blind vendor agreements, schedules for the setting aside of funds, contractual arrangements for the furnishing of services by a nominee, arrangements for carrying general liability and product liability insurance, and any other matters which form a part of the application; (iv) If it intends to set aside, or cause to be set aside, funds from the net proceeds of the operation of vending facilities, obtain a prior determination by the Secretary that the amount of such funds to be set aside is reasonable? 34 C.F.R. ? 395.3(a)(11). _______________________________________________ nfbmi-talk mailing list nfbmi-talk at nfbnet.org http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org To unsubscribe, change your list options or get your account info for nfbmi-talk: http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/suncat0%40gmail.com