Braille Monitor July 1986
Until recently there has been in each state and the District of Columbia a program for blind vendors operated under the federal Randolph-Sheppard Act. That is not the case anymore. At least for now, the state of Wyoming is out of the program altogether. What's more, it was not a casual decision.
The Rehabilitation Services Administration is the federal agency responsible for designating a licensing agency for blind vendors in each state. No state is required by federal law to participate in the Randolph-Sheppard program. However, if a state wants to participate in the program, a specific state agency must be designated to Lcense the vendors and to supervise the program. Failure to choose an agency means no Randolph-Sheppard program for blind persons within that state. This is now the situation in Wyoming, but it could happen anywhere.
Wyoming does not have a separate state agency for the blind responsible for vocational rehabilitation. So the general rehabilitation agency (serving the blind and all other disability groups combined) has always been designated as the state licensing agency for the Randolph-Sheppard program. It must be emphasized and well understood that in this respect Wyoming is far from unique. Almost half of the state licensing agencies in the RandolphSheppard program are administered by general vocational rehabilitation agencies.
At one time Wyoming (considering the population of the state) had a blind vendor program of fairly respectable size. Observers say that the program began to deteriorate about ten years ago (in the mid-1970's) shortly after a new state director of vocational rehabilitation (the current director) was hired.
In more recent times Wyoming has not had even one blind vendor--at least, not on federal property. In fact, for a year and a half preceding the demise of Wyoming's state licensing agency, there was only one vendor conducting business on federal property within the state. He had a disability, but he was not blind.
State officials said that there were no blind people interested in operating vending facilities in Wyoming. That was nonsense. Melanie Rudell (the state President of the National Federation of the Blind of Wyoming) was both interested and capable. After several months of negotiating with the state agency, she finally won the opportunity to be trained and licensed to operate a vending facility. It may be a coincidence (or it may not) that Melanie's training ended just as state officials were pulling the plug on the blind vendor program.
Their action did not stop us from assuring Melanie that she would have a job as a blind vendor, whether or not there was a state licensing agency. Shortly after the 1985 national convention (where GSA representatives participated) we negotiated an agreement that Melanie Rudell would be granted space and equipment for a small cafeteria located in the federal building in Casper. She is operating this business very successfully. She is also the only blind vendor in the United States who does not have a state licensing agency to work with. Here is the actual story of the demise of Wyoming's blind vendor program as it occurred through correspondence between federal and state officials. It is clear that the motives and reasoning involved in the collapse of the program could just as well appear in any other state in this country. For this reason we reprint the significant correspondence and ask everyone to consider the implications. Now that Wyoming has broken the ranks, will any other states attempt to follow? And how long will it be until a substantial majority of blind vendors in this country recognize that combining with the rest of us in the National Federation of the Blind for collective action makes good sense and is a matter of enlightened self interest? Can a group of blind vendors on its own ever hope to stimulate growth in the program, let alone expect to preserve it? And at what point will the majority of blind vendors come to realize that their very survival depends upon maintaining a common bond with the great body of blind people who are organized and ready to act? Isn't it significant that Melanie Rudell (a staunch Federationist and a leader of the National Federation of the Blind in her state) still survives as the only blind vendor now operating under a private agreement specifically negotiated with the General Services Administration upon the request of the National Federation of the Blind? And if you think that Wyoming's withdrawal from the Randolph-Sheppard program could not occur elsewhere, if you think that the federal government through its Rehabilitation Services Administration would not let it happen, the correspondence between Wyoming's Governor and George Conn (the federal Commissioner of Rehabilitation Services) will not be comforting. Why did George Conn wait until the day before the final demise of the Wyoming program to send his letter to the Governor? Why did it take Mr. Conn more than five months to respond to the Governor's letter of withdrawal? Is the federal government's lead agency for the Randolph-Sheppard program really committed to blind vendors? These are but a few of the questions which should be considered when reading the following correspondence:
State of Wyoming
Department of Health and Social Services
Division of Vocational Rehabilitation
February 28, 1985
Mr. James Ballantyne
Commissioner
Regional Office for Vocational Rehabilitation
Denver, Colorado
Dear Mr. Ballantyne:
I am in receipt of your letter of February 19, 1985, requesting certain materials relative to designation as a state licensing agency for the Randolph-Sheppard program. As you are aware, the Wyoming agency has had serious reservations regarding this program for some time. I am also aware of some of the concerns of yourself and your staff regarding the Randolph-Sheppard program. In light of the foregoing it would seem appropriate for both parties to sit down and formally discuss the situation. Taking part in the discussion will be Ms. Kathy Karpan, the recently appointed Director of the Department of Health and Social Services. Ms. Karpan shares our concerns.
I would offer to host such a meeting in the Central Office of the Agency here in Cheyenne due to the proximity of program staff and data. If necessary and after obtaining the requisite outof-state travel consent from the Office of the Governor, a meeting could be arranged in your office in Denver. I await your reply to this proposal.
Sincerely,
Robert W. Dingwall, Ed.D.
Administrator
cc: Kathleen Karpan, Director
Department of Health and Social Services
Rehabilitation Services Administration
Region VIII
Denver, Colorado
March 6, 1985
Dear Mr. Dingwall:
This is in response to your letter of February 28, 1985, requesting a meeting with Regional Office representatives to discuss Wyoming's reservations regarding the Randolph-Sheppard program.
Since an RSA Central Office representative from the Bureau of the Blind and Visually Handicapped will be involved in this meeting, either in person or by teleconference, we are requesting that you plan to attend a meeting in the Regional Office. We are offering you a choice of dates from which to select the most suitable. We will proceed with the necessary arrangements when we receive your confirmation.
March 25 or 27; April 3, 4, or 5; May 8, 9, or 10.
Please feel free to schedule a morning or afternoon time, and we look forward to hearing from you.
Sincerely,
James Ballantyne
Regional Commissioner
cc: Ms. Kathleen M. Karpan
State of Wyoming
Office of the Governor
April 16, 1985
Commissioner George Conn
Rehabilitation Services Administration
Washington, D.C.
Dear Commissioner Conn:
As reflected in the enclosed correspondence, the Wyoming Division of Vocational Rehabilitation has decided to withdraw its application for designation as the state licensing agency for the Randolph-Sheppard program as of July 1, 1985.
I am in support of this decision given the Agency's strong commitment to continue serving the blind individuals in Wyoming through the general vocational rehabilitation program. Furthermore, I do not anticipate that withdrawal from the program will negatively affect the blind. This conclusion is based on the small size of the Randolph-Sheppard program in Wyoming and the limited number of blind people benefiting from the program as clients in recent years. I have asked Dr. Robert Dingwall, the Division of Vocational Rehabilitation Administrator, to assist this office in seeking another state agency interested in applying for designation as the Randolph-Sheppard program state licensing agency. I anticipate this process will be completed on July 1, 1985.
Thank you for your attention to this matter. If you or your staff have any additional questions or concerns, Dr. Dingwall is available to respond to them at 307-777-7385.
Sincerely,
Ed Herschler, Governorcc: Robert W. Dingwall, Ed.D.
State of Wyoming
Department of Health and Social Services
Division of Vocational Rehabilitation
April 15, 1985
Dear Commissioner Conn:
After careful consideration the Wyoming Division of Vocational Rehabilitation has decided to withdraw its application for designation as the state licensing agency for the Randolph Sheppard program. This decision is based on the lack of appropriate federal sites, and the notable lack of interest of the small blind population in the state in the vending facilities program. The commitment of this agency to service the blind through the general program remains strong.
Discussions with Mr. Ray Melhoff of your office and Mr. James Ballantyne, Region VIII Commissioner in Denver on April 15, 1985, resulted in their agreement with this decision. Mr. Melhoff and Mr. Ballantyne assured the Wyoming agency that insofar as their offices were concerned, no punitive actions of any kind would be taken. They further assured the agency that it would have the option of applying for designation as the state licensing agency in the future.
The agency has notified Governor Herschler of this decision and requested that the Governor's office canvas for other agencies interested in being nominated as the licensing agency for the Randolph-Sheppard program.
The formal termination date of Wyoming Vocational Rehabilitation's responsibilities is July 1, 1985, as agreed to with Mr. Melhoff and Mr. Ballantyne. Thank you for your cooperation in this matter.
Sincerely,
Robert W. Dingwall, Ed.D.
Administrator
cc: Kathy M. Karpan
State of Wyoming
Department of Health and Social Services
Division of Vocational Rehabilitation
July 25, 1985
Dear Mr. Ballantyne:
Please be advised that the Wyoming Division of Vocational Rehabilitation has canvassed state agencies regarding interest in applying for designation as the agency to operate the RandolphSheppard program. We have met with no success in locating such an agency. Therefore, I am advising you that our termination will take place as of September 30, 1985.
Attached you will find an inventory of equipment purchased under the RandolphSheppard program, and in addition, an accounting of funds currently held by this agency that were collected under this program. I would appreciate advice from you as to the disposition of this equipment and these funds. If additional funds are collected, those will be accounted for and included at the time of disposition.
Regarding an extension beyond October 1st, I regret that you misunderstood comments that I made regarding an extension to affect a transition should there be an agency that wished to apply. The only exception to our extension from July 1 to October 1 was in the event an agency could not complete the application and transition process prior to that date. In no case would I extend the deadline in order to seek another agency should none be interested prior to the October 1st deadline.
I believe the Wyoming agency is operating in the best interest of the agency, the state, and our clientele, and has carried out its obligation with integrity and consideration. Should you have any questions regarding this matter, I will be most happy to discuss them with you or the Office of Visual Services in Washington.
I would appreciate the requested advice regarding the liquidation of the equipment and funds at your earliest convenience.
Sincerely,
Robert W. Dingwall, Ed.D.
Administrator
cc: Kathy Karpan
Governor Herschler
Rehabilitation Services Administration
Washington, D.C.
September 30, 1985
Dear Governor Herschler:
I am writing this letter to express my concerns regarding the intentions of Wyoming's Division of Vocational Rehabilitation (WDVR) to withdraw as the State Licensing Agency (SLA) for the vending facility program authorized by the Randolph-Sheppard Act (20 U.S.C. 107 et. seq.).
The Randolph-Sheppard Act does not give the Department of Education the authority to legally compel the WDVR to continue as the SLA to administer this program. However, as the federal agency charged by Congress with the responsibility for carrying out the requirements for the Randolph-Sheppard Act, the Department of Education has an interest in encouraging all states to offer this specialized employment program to their blind residents. The priority for the blind on federal property, the essence of the Act, is dependent on the existence of SLA approval and designation by the Secretary (20 U.S.C. 107 (b)). We are therefore, Governor Herschler, asking you to reconsider your support of WDVR to withdraw as SLA or to take the necessary action to designate another state agency as SLA for the state of Wyoming.
We look forward to hearing from you soon with any recommendations you may have to retain this important program for the blind in Wyoming. If we can be of any assistance or offer consultation, please do not hesitate calling me.
Sincerely,
George A. Conn
Commissioner
State of Wyoming
Office of the Governor
November 22, 1985
Dear Commissioner Conn:
I have received your letter of September 30, 1985, in which you request that I reconsider my support of the Wyoming Division of Vocational Rehabilitation (WDVR) to withdraw as the State Licensing Agency (SLA) for the vending facility program authorized by the RandolphSheppard Act. I understand that you consider this to be an important program for the blind in Wyoming. However, for the reasons expressed in this letter, I will not reconsider my decision on this matter.
First, you should understand that I personally believe the Randolph-Sheppard Act is an archaic law which does not seriously advance career opportunities for the blind in today's world. I perceive it to derive from a paternalistic sentiment of the 1930's when the public generally understood a "suitable" career for the blind to be selling apples on the street and the lobbies of federal buildings. Frankly, I seriously question whether this sentiment should be advanced. Furthermore, I believe this is reflected in our difficulties in locating a blind individual who wants to participate in your vending facility program in Wyoming.
Second, you should realize that states across the nation are evaluating and redefining state priorities, given reduced federal funding and severe fiscal restraints at the state level. We cannot afford to continue "business as usual," and run every program the feds want us to run. We have programs which we believe better advance all career opportunities for disabled persons, including the blind. I believe (as a matter of sound fiscal choice) we can better run the programs our legislature enacts and finances, rather than programs which, at some time in history, Congress fancies.
Finally, you should know that we have only one federal building in Wyoming which has a vending facility located therein. This fact (coupled with our difficulty in locating, training, and retaining blind people at this facility) makes this program more trouble than it is worth. This sentiment is shared not only by my office and WDVR but by the Wyoming Department of Education, which is the only other agency capable of assuming the SLA function.
I hope you understand my position on this issue. Please feel free to contact my office again if you should have any questions or concerns.
Yours sincerely,
Ed Herschler, Governor
cc: Ms. Kathy Karpan