Arbitration Panel Policies and Procedures
Sections 107d-1, and 107d-2 of the Randolph-Sheppard Act require the U.S. Department of Education to convene arbitration panels to arbitrate disputes between either a blind vendor and State Licensing Agency, or a State Licensing Agency and Federal agency. This document contains the Department’s interim policies and procedures for carrying out its responsibilities to convene arbitration panels under the Randolph-Sheppard Act.
Federal Register Notices
The U.S. Department of Education issues notices in the Federal Register when arbitration panel decisions are published.
- November 3, 2021: 7 arbitration panel decisions
- January 23, 2023: 11 arbitration panel decisions
- April 16, 2024: 8 arbitration panel decisions
- October 22, 2024: 4 arbitration panel decisions
Arbitration Panel Decisions
Under section 107d-2(c) of the Randolph-Sheppard Act, the Secretary publishes the decisions of arbitration panels selected to adjudicate disputes over the administration of vending facilities on Federal and other property. These decisions are listed below and also grouped by common keywords (updated September 02, 2024).
- Case No. R/S 24-06 (October 31, 2025)
King v. Illinois Business Enterprise Program - Case No. R/S 24-02 (June 12, 2025)
Anderson v. South Carolina Commission for the Blind - Case No. R/S 23-05 (June 17, 2024)
Arizona Department Of Economic Security v. United States Department Of The Army, Fort Huachuca - Case No. R/S 23-01 (June 14, 2024)
Benson v. Georgia Vocational Rehabilitation Agency - Case No. R/S 22-09 (October 13, 2023)
Mahler v. Texas Workforce Commission - Case No. R/S 22-08 (December 21, 2023)
Sophia Sparks v. Business Enterprises of Texas - Case No. R/S 22-07 (December 7, 2023)
Cedric Mitchell v. Louisiana Workforce Commission - Case No. R/S 22-05 (December 11, 2023)
Eddie Conway v. State of Illinois: Department of Human Services - Case No. R/S 22-02 (May 15, 2023)
Mahler v. Texas Workforce Commission - Case No. R/S 21-03 (March 25, 2024)
Cyrus v. Opportunities for Ohioans with Disabilities - Case No. R/S 20-09 (September 29, 2022)
Colorado v. U.S. Air Force - Case No. R/S 20-04 (February 14, 2022)
Utah v. Hill Air Force Base - Case No. R/S 20-02 (April 4, 2022)
Bechtel v. Washington State - Case No. R/S 19-05 (August 8, 2022)
Balani v. California - Case No. R/S 19-01 (August 31, 2022)
South Carolina v. U.S. Marine Corps - Case No. R/S 18-16 (January 31, 2024)
Gilbert v. Business Enterprise Program, Bureau of Blindness and Visual Services, Office of Labor and Industry, Commonwealth of Pennsylvania - Case No. R/S 18-09 (June 22, 2020)
Oklahoma v. United States Department of the Army, Fort Sill - Case No. R/S 18-02 (October 11, 2023)
South Carolina Commission For The Blind v. Kurt Kean - Case No. R/S 17-03 (June 13, 2019)
Florida v. United States Department of the Air Force, Hurlburt Field - Case No. R/S 16-13 (May 1, 2019)
Missouri v. Fort Leonard Wood - Case No. R/S 16-12 (April 30, 2020)
Illinois v. United States Department of Energy-Fermi National Accelerator Laboratory - Case No. R/S 16-11 (April 30, 2021)
Mitchell v. Louisiana - Case No. R/S 16-09 (February 28, 2017)
Texas v. Fort Sam Houston - Case No. R/S 16-08 (February 22, 2018)
Ohio v. Wright Patterson Air Force Base - Case No. R/S 16-07 (Final Reconvened: June 12, 2023)
Hawaii v. Department of the Army, Schofield Barracks - Case No. R/S 16-07 (July 31, 2017)
Hawaii v. Department of the Army, Schofield Barracks - Case No. R/S 16-04 (January 30, 2018)
Florida v. Tyndall Air Force Base - Case No. R/S 16-03 (November 10, 2021)
Kneip v. Idaho - Case No. R/S 15-20 (October 8, 2018)
California v. United States Department of the Navy - Case No. R/S 15-19 (April 24, 2018)
New Jersey v. the Department of the Air Force, Fort Dix - Case No. R/S 15-16 (September 26, 2017)
Hooks v. North Carolina - Case No. R/S 15-15 (January 10, 2017)
Kansas v. The Department of the Army, Fort Riley - Case No. R/S 15-14 (August 8, 2017)
Phyliss Davis v. Georgia Vocational Rehabilitation Agency - Case No. R/S 15-13 (February 2, 2017)
Florida v. US Air Force - Case No. R/S 15-12 (December 23, 2016)
Cyrus v. Opportunities for Ohioans with Disabilities - Case No. R/S 15-10 (September 2, 2016)
Oklahoma v. Fort Sill - Case No. R/S 15-07 (November 21, 2016)
South Carolina v. U.S. Army - Case No. R/S 15-06 (November 21, 2017)
Homan v. Maryland - Case No. R/S 15-02 (October 13, 2016)
Henderson v. Missouri - Case No. R/S 13-13 (November 2, 2016)
Texas v. Department of the Army, Fort Bliss - Case No. R/S 13-12 (March 2, 2015)
Oregon v. General Services Administration - Case No. R/S 13-11 (August 10, 2016)
Crocker v. California - Case No. R/S 13-10 (April 5, 2016)
Brown v. Illinois - Case No. R/S 13-09 (January 11, 2016)
Georgia v. U.S. Department of the Army, Fort Stewart - Case No. R/S 13-08 (February 27, 2017)
Sheets v. California - Case No. R/S 13-04 (December 16, 2015)
Stelmach v. Michigan - Case No. R/S 13-02 (December 30, 2015)
Maryland v. General Services Administration - Case No. R/S 13-01 (January 18, 2016)
Altstatt v. Oklahoma - Case No. R/S 12-10 (February 4, 2016)
Murphy et al v. California - Case No. R/S 12-03 (June 22, 2015)
Kneip v. Idaho - Case No. R/S 12-01 (January 10, 2018)
Taylor v. Wisconsin - Case No. R/S 11-07/08 (August 18, 2017)
John Burt et al v. the Louisiana Workforce Commission; Terry Camardelle et al v. The Louisiana Workforce Commission Consolidated Decision - Case No. R/S 11-05 (July 19, 2018)
Bird v. Oregon - Case No. R/S 10-11 (January 23, 2015)
Bragg v. Tennessee - Case No. R/S 10-10 (May 16, 2013)
Bird v. Ohio - Case No. R/S 10-09 (February 20, 2018; Supplemental decision received on October 15, 2018)
California Vendor Policy Committee v. California - Case No. R/S 10-07 (May 15, 2013)
California v. General Services Administration - Case No. R/S 10-04 (December 7, 2013)
Jones v. Pennsylvania
Appeal of Arbitration Decision Letter
On November 23, 2020, RSA responded to Department of the Army’s appeal of the arbitration panel decision in Oklahoma Department of Rehabilitation Services v. Department of the Army, Fort Sill (Case No. R-S/18-9) via this letter. Under the Randolph-Sheppard Act, there is no right to appeal an adverse arbitration decision to the Secretary of Education. Judicial review in Federal district court is available to aggrieved persons as defined in the Administrative Procedure Act.
Appellate Court Decisions
On August 30, 2022, the U.S. Court of Appeals for the Ninth Circuit issued a decision in the state of Hawaii, Department of Human Services, Division of Vocational Rehabilitation, Hoopono-Services for the Blind v. the U.S. Department of Education and the U.S. Department of the Army (Nos. 21-16242 and 21-16323).
On January 25, 2021, the U.S. Court of Appeals for the Sixth Circuit issued a decision in State of Ohio, Opportunities for Ohioans with Disabilities, Bureau of Services of Visually Impaired, Business Enterprise Program v. U.S. Department of Education (No. 19-3397).
On September 22, 2020, the U.S. Court of Appeals for the Fourth Circuit issued a decision in State of Kansas, by and through the Kansas Department for Children and Families vs. Source America; Lakeview Center, Inc., and United States Department of Education, United States Department of the Army, and United States Department of Defense (No. 19-1452).
On August 31, 2020, the U.S. Court of Appeals for the Fifth Circuit issued a decision in Texas Workforce Commission vs. United States Department of Education Rehabilitation Services Administration (No. 19-50283).