Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Notices 13311 

assistance from the Department of 

Education (34 CFR 100.4, 104.5, 106.4, 

108.8, and 110.23). 

4. Special Conditions: Under 34 CFR 

74.14 and 80.12, the Secretary may 

impose special conditions on a grant if 

the applicant or grantee is not 

financially stable; has a history of 

unsatisfactory performance; has a 

financial or other management system 

that does not meet the standards in 34 

CFR parts 74 or 80, as applicable; has 

not fulfilled the conditions of a prior 

grant; or is otherwise not responsible. 

VI. Award Administration Information 

1. Award Notices: If your application 

is successful, we notify your U.S. 

Representative and U.S. Senators and 

send you a Grant Award Notification 

(GAN). We may notify you informally, 

also. 

If your application is not evaluated or 

not selected for funding, we notify you. 

2. Administrative and National Policy 

Requirements: We identify 

administrative and national policy 

requirements in the application package 

and reference these and other 

requirements in the Applicable 

Regulations section of this notice. 

We reference the regulations outlining 

the terms and conditions of an award in 

the Applicable Regulations section of 

this notice and include these and other 

specific conditions in the GAN. The 

GAN also incorporates your approved 

application as part of your binding 

commitments under the grant. 

3. Reporting: (a) If you apply for a 

grant under this competition, you must 

ensure that you have in place the 

necessary processes and systems to 

comply with the reporting requirements 

in 2 CFR part 170 should you receive 

funding under the competition. This 

does not apply if you have an exception 

under 2 CFR 170.110(b). 

(b) At the end of your project period, 

you must submit a final performance 

report, including financial information, 

as directed by the Secretary. If you 

receive a multi-year award, you must 

submit an annual performance report 

that provides the most current 

performance and financial expenditure 

information as directed by the Secretary 

under 34 CFR 75.118. The Secretary 

may also require more frequent 

performance reports under 34 CFR 

75.720(c). For specific requirements on 

reporting, please go to www.ed.gov/ 

fund/grant/apply/appforms/ 

appforms.html. 

4. Performance Measures: The goal of 

the CSP is to support the creation and 

development of a large number of highquality charter schools that are free from 

State or local rules that inhibit flexible 

operation, are held accountable for 

enabling students to reach challenging 

State performance standards, and are 

open to all students. The Secretary has 

two performance indicators to measure 

progress towards this goal: (1) The 

number of charter schools in operation 

around the Nation, and (2) the 

percentage of fourth- and eighth-grade 

charter school students who are 

achieving at or above the proficient 

level on State examinations in 

mathematics and reading/language arts. 

Additionally, the Secretary has 

established the following measure to 

examine the efficiency of the CSP: 

Federal cost per student in 

implementing a successful school 

(defined as a school in operation for 

three or more consecutive years). 

All grantees must submit an annual 

performance report with information 

that is responsive to these performance 

measures. 

5. Continuation Awards: In making a 

continuation award, the Secretary may 

consider, under 34 CFR 75.253, the 

extent to which a grantee has made 

‘‘substantial progress toward meeting 

the objectives in its approved 

application.’’ This consideration 

includes the review of a grantee’s 

progress in meeting the targets and 

projected outcomes in its approved 

application, and whether the grantee 

has expended funds in a manner that is 

consistent with its approved application 

and budget. In making a continuation 

grant, the Secretary also considers 

whether the grantee is operating in 

compliance with the assurances in its 

approved application, including those 

applicable to Federal civil rights laws 

that prohibit discrimination in programs 

or activities receiving Federal financial 

assistance from the Department (34 CFR 

100.4, 104.5, 106.4, 108.8, and 110.23). 

VII. Agency Contact 

FOR FURTHER INFORMATION CONTACT: Erin 

Pfeltz, U.S. Department of Education, 

400 Maryland Avenue SW., room 

4W255, Washington, DC 20202–5970. 

Telephone: (202) 205–3525 or by email: 

erin.pfeltz@ed.gov. 

If you use a TDD, call the FRS, toll 

free, at 1–800–877–8339. 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT in section VII of this notice. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: March 1, 2012. 

James H. Shelton, III, 

Assistant Deputy Secretary for Innovation and 

Improvement. 

[FR Doc. 2012–5427 Filed 3–5–12; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Arbitration Panel Decision Under the 

Randolph-Sheppard Act 

AGENCY: Department of Education. 

ACTION: Notice of decision. 

SUMMARY: The Department of Education 

(Department) gives notice that on 

October 12, 2011, an arbitration panel 

rendered a decision in the matter of the 

Rutherford Beard v. Michigan 

Commission for the Blind, Case no. 

R–S/08–8. 

FOR FURTHER INFORMATION CONTACT: You 

can obtain a copy of the full text of the 

arbitration panel decision from Mary 

Yang, U.S. Department of Education, 

400 Maryland Avenue SW., room 5162, 

Potomac Center Plaza, Washington, DC 

20202–2800. Telephone: (202) 245– 

6327. If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll-free, at 1–800–877– 

8339. 

Individuals with disabilities can 

obtain this document in an accessible 

format (e.g., braille, large print, 

audiotape, or compact disc) by 

contacting the program contact person 

listed in this section. 

SUPPLEMENTARY INFORMATION: This 

arbitration panel was convened by the 

Department under 20 U.S.C. 107d–1(a), 

after receiving a complaint from the 

complainant, Rutherford Beard. Under 

section 6(c) of the Randolph-Sheppard 

Act (Act), 20 U.S.C. 107d–2(c), the 


pmangrum on DSK3VPTVN1PROD with NOTICES
13312 Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Notices 

Secretary publishes in the Federal 

Register a synopsis of each arbitration 

panel decision affecting the 

administration of vending facilities on 

Federal and other property. 

Background 

Rutherford Beard (Complainant) 

alleged that the Michigan Commission 

for the Blind, the State licensing agency 

(SLA), violated the Act and 

implementing regulations in 34 CFR 

part 395. Specifically, Complainant 

alleged that the SLA violated the Act 

and its implementing regulations and 

State rules and regulations governing 

the Randolph-Sheppard Vending 

Facility Program with respect to the 

closing of his vending facility at the 

Lewis Cass Building for renovation and 

plumbing repairs, resulting in loss of 

income for the Complainant’s cafeteria. 

Complainant further alleged that the 

Lewis Cass Building Cafeteria was not a 

suitable location because the SLA was 

aware of a history of plumbing problems 

in the building. Consequently, when the 

cafeteria was closed for renovation and 

plumbing repairs, Complainant alleged 

that this was proof of the lack of 

suitability for a cafeteria at the Lewis 

Cass Building. Thus, the Complainant 

requested reimbursement from the SLA 

for loss of income during the renovation 

period. 

The SLA argued that the Lewis Cass 

Building Cafeteria was a suitable 

vending location and opportunity for a 

blind vendor. The SLA acknowledged 

that, while it was aware that the 

building had previous plumbing 

problems, it was not aware of the 

severity of the plumbing issue. Also, the 

SLA alleged that it had no responsibility 

to repair the plumbing in the Lewis Cass 

Building because the building was 

under the jurisdiction of the State’s 

Department of Management and Budget. 

The SLA further alleged that 

Complainant, as a small business 

operator, had the responsibility for his 

own profitability. Moreover, the SLA 

alleged that Complainant was unable to 

provide evidence showing the amount 

of lost income during the renovation 

period. 

Complainant filed a request with the 

SLA for lost income. The SLA denied 

Complainant’s request. Subsequently, 

Complainant appealed this decision 

with the SLA by filing a request for a 

State fair hearing. A hearing was held 

and the administrative law judge (ALJ) 

recommended that Complainant’s claim 

be denied. The SLA adopted the ALJ’s 

recommendation as a final 

administrative agency action and 

Complainant’s grievance was denied. 

Complainant then filed a request for 

Federal arbitration with the Department. 

A hearing on this matter was held on 

March 16, 2011. The central issue, as 

determined by the arbitration panel, was 

whether the SLA’s failure to compensate 

Complainant for loss of income during 

the renovation period of the Lewis Cass 

Building Cafeteria violated the Act and 

its implementing regulations, and State 

rules and regulations governing the 

Randolph-Sheppard Vending Facility 

Program. 

Synopsis of the Arbitration Panel 

Decision 

After reviewing all of the testimony 

and evidence, the majority of the panel 

found that the Lewis Cass Building 

Cafeteria was a suitable opportunity for 

Complainant and as such, Complainant 

was responsible for routine building 

maintenance. The panel majority 

concluded that, although the SLA was 

aware of the previous building 

plumbing problems, the SLA had no 

authority to repair the plumbing 

problems. Additionally, the panel 

majority found that Complainant did 

not provide competent evidence to 

support his allegation of lost income. 

Although Complainant had anticipated 

larger profits from operating a cafeteria 

at this location, this grievance was not 

substantiated by the evidence provided 

to the panel. Thus, the panel majority 

found that Complainant’s estimate of 

$70,000 for lost profits was speculative 

and that it had no basis to rule that 

Complainant actually lost income or, if 

so, how much income Complainant lost. 

One panel member concurred in part 

and dissented in part. This panel 

member concurred with the panel 

majority’s finding that there was no 

evidence presented by Complainant to 

support reimbursement by the SLA for 

his alleged loss of income during the 

renovation period of the cafeteria. At the 

same time, this panel member dissented 

from the panel majority’s findings, 

suggesting that it was not reasonable to 

place the entire burden of propertyrelated losses or damages on operators 

and suggested that the SLA undertake 

rulemaking to clarify such situations, 

should they occur in the future. 

The views and opinions expressed by 

the panel do not necessarily represent 

the views and opinions of the 

Department. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at this site. You may also 

access documents of the Department 

published in the Federal Register by 

using the article search feature at 

www.federalregister.gov. Specifically, 

through the advanced search feature at 

this site, you can limit your search to 

documents published by the 

Department. 

Dated: March 1, 2012. 

Alexa Posny, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2012–5411 Filed 3–5–12; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

National Committee on Foreign 

Medical Education and Accreditation 

AGENCY: National Committee on Foreign 

Medical Education and Accreditation, 

Office of Postsecondary Education, U.S. 

Department of Education. 

ACTION: The purpose of this notice is to 

announce the upcoming meeting of the 

National Committee on Foreign Medical 

Education and Accreditation 

(NCFMEA). Parts of this meeting will be 

open to the public, and the public is 

invited to attend those portions. 

Meeting Date and Place: The public 

meeting will be held on Tuesday, April 

10, 2012, from 8:30 a.m. until 

approximately 5 p.m., at the U.S. 

Department of Education, Eighth Floor 

Conference Center, Office of 

Postsecondary Education, 1990 K St. 

NW., Washington, DC 20006. 

Function: The NCFMEA was 

established by the Secretary of 

Education under Section 102 of the 

Higher Education Act of 1965, as 

amended. The NCFMEA’s 

responsibilities are to: 

• Upon request of a foreign country, 

evaluate the standards of accreditation 

applied to medical schools in that 

country; and, 

• Determine the comparability of 

those standards to standards for 

accreditation applied to United States 

medical schools. 

Comparability of the applicable 

accreditation standards is an eligibility 

requirement for foreign medical schools 

to participate in the William D. Ford 

Federal Direct Student Loan Program, 

20 U.S.C. §§ 1087a et seq. 


pmangrum on DSK3VPTVN1PROD with NOTICES