FOR IMMEDIATE RELEASE
CONTACT: James Gashel
Executive Director for Strategic Initiatives
National Federation of the Blind
jgashel@nfb.org
(410) 659-9314, ext. 2227

Baltimore, MD (Sept. 19, 2005): - The National Federation of the Blind (NFB) filed suit on Friday in the Federal District Court for the District of Columbia against Secretary of Education Margaret Spellings and one of her subordinates in anticipation of changes at the Education Department that will harm an important program designed to increase employment opportunities for blind Americans. The lawsuit contends that a planned reorganization of the Rehabilitation Services Administration (RSA), which is housed within the Education Department, will violate a Congressional mandate requiring that a minimum of thirteen full-time equivalent personnel within the agency be assigned to administer the Randolph-Sheppard Act. That law, passed in 1936 and amended in 1974 to strengthen it and provide for its administration by the RSA, requires that blind persons be given priority to bid for opportunities to operate vending facilities such as cafeterias and concession counters on Federal property.

The National Association of Blind Merchants (NABM), an organization of Randolph-Sheppard vendors affiliated with the NFB, and three individual blind vendors were also listed as plaintiffs in the court filing. The acting head of the RSA, Edward Anthony, is named as a defendant in addition to Secretary Spellings.

Marc Maurer, President of the National Federation of the Blind, said, "It is unconscionable that the Education Department is planning to all but abandon its Congressionally-mandated responsibility to oversee the Randolph-Sheppard program, one of the most important and successful employment initiatives for blind people in the history of the nation. The unemployment rate among the blind is in excess of seventy per cent, and the manner in which the callous bureaucrats in the Education Department are handling this matter is a sign of utter disdain and disregard for the hopes and aspirations of blind individuals who want to achieve the American dream."

Officials of the NFB and other organizations concerned about the rehabilitation of the blind have argued for months that the plan to close ten RSA regional offices, assign their functions to staff at RSA headquarters, and eliminate the agency's Blind and Visually Impaired Division, will lead to a general reduction in the quality of rehabilitation services. The lawsuit contends that the same is specifically true with regard to the Randolph-Sheppard program, the monitoring of which will be assigned to a small team of workers which will also be responsible for overseeing rehabilitation programs for seasonal migrant workers, Native Americans, and others. The reorganization, scheduled to take effect on October 1, will violate the 1974 amendments to the Randolph-Sheppard Act, which give the RSA specific duties to oversee the program and require that a minimum of thirteen full-time equivalent staff members be assigned to carry out those duties. The court filing asserts that the reorganization will mean that less than half of the number of staff required by law will be assigned to carry out responsibilities relating to the employment program.

The suit requests a court order requiring the Education Department to maintain the current personnel and organizational structure to administer the Randolph-Sheppard program as mandated by Congress. A hearing is expected to take place soon.

For more information, E-mail us at: info@nfbct.org