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Language included in House Bill 1, the 2010-2011 biennial budget, requires the Ohio Legal Rights Service (OLRS) Commission to undertake a study "concerning a potential transition" of federal protection and advocacy grants "from a public entity to a nonprofit organization effective July 1, 2011." The study must report on the:
The study must be completed and delivered to the Governor and leadership of the General Assembly by no later than six months after the effective date of the bill. The bill also requires the Commission to "develop a process plan by which a transition to a nonprofit organization could be implemented not later than July 1, 2011."
The Governor's executive budget proposal (the "Blue Book") originally required OLRS to transition to a non-profit corporation, and the GRF funded Ombudsperson section function be transferred to the Ohio Department of Aging by July 1, 2011.
In response to this proposal, several meetings were scheduled. At a special meeting of the OLRS Commission held on February 11, 2009, the Commission unanimously passed a resolution "that it supports the continued role the Ohio Legal Rights Service and its Commission as an independent agency of the state of Ohio." A meeting was also scheduled with the Governor's Chief Counsel along with Office of Budget and Management (OBM) staff and its Chief Counsel ("Governor's staff"). OLRS was represented by the Chair of the OLRS Commission, the executive director and chief legal counsel. There was considerable discussion from all participants regarding how best to maintain the authority and independence necessary for OLRS to perform its mandated P&A functions under federal law. The Governor's staff and OLRS agreed that the decision related to the management of the P&A grants must be made with the interests of Ohioans with disabilities foremost in mind.
The Commission and OLRS appreciate the consideration of the Governor's office and OBM for agreeing that important questions need to be thoroughly studied before a decision is made and that people with disabilities must be involved in the process. OLRS supports the current language contained in House Bill 1 and will work with the General Assembly for its passage.
If House Bill 1 is approved by the General Assembly, the OLRS Commission will conduct the required study in a manner that involves input from people with disabilities and their families, OLRS staff, and other advocates, both in Ohio and nationally.
Periodic updates will be posted to listservs and on OLRS' Web site.
Read the OLRS budget language: Section 317.20. Legal Rights Service Nonprofit Transition Study (PDF file)
Article posted February 26, 2009
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