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Joint Resolution Regarding Utah's Protection and Advocacy Agency
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: Norman K Thurston
LONG TITLE
General Description:
This resolution urges the Governor to review Utah's designation of the Disability Law
Center as the state's Protection and Advocacy agency to ensure that all individuals with
disabilities, regardless of type or functional capacity, receive equitable advocacy and
representation.
Highlighted Provisions:
This resolution:
recognizes the federal framework establishing Protection and Advocacy (P
A) systems
to protect the rights of individuals with disabilities;
encourages the Governor to initiate a formal review of the current P
A designation and
consider redesignation, if warranted;
outlines steps for a transparent redesignation process consistent with federal
requirements, including public notice, comment, and hearings; and
urges that any review or redesignation process ensure inclusive representation and
advocacy for all individuals with disabilities across the state.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Be it resolved by the Legislature of the state of Utah:
WHEREAS, in 1978, the Governor of Utah designated what is now known as the Disability
Law Center (DLC) as Utah's official Protection and Advocacy (P
A) agency, in accordance
with the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), to protect and
advance the legal rights of persons with disabilities;
WHEREAS, the state's Protection and Advocacy system, established under federal law
including the DD Act and the Protection and Advocacy for Individuals with Mental Illness Act
(PAIMI), is mandated to protect and advocate for the rights of all individuals with disabilities,
regardless of type or severity;
WHEREAS, individuals with disabilities encompass diverse categories, including physical
(e.g., cerebral palsy, spinal cord injuries), sensory (e.g., blindness, deafness), intellectual and
developmental (e.g., Down syndrome, autism spectrum disorder), mental health (e.g.,
schizophrenia, bipolar disorder), and invisible disabilities (e.g., chronic pain, epilepsy,
dyslexia), each requiring tailored advocacy;
WHEREAS, within these categories, individuals vary widely in functional capacity, from
high-functioning individuals living independently with minimal support to low-functioning
individuals requiring substantial or constant support, all entitled to equitable advocacy services;
WHEREAS, federal funding conditions and oversight by the Administration for
Community Living require P
A systems to demonstrate a cross-disability approach, ensuring
advocacy efforts address all disability types and functional levels, including underserved
populations;
WHEREAS, Annual Program Performance Reports submitted to federal authorities shall
reflect balanced case distribution proportional to state demographics, ensuring no disability
group is systematically underserved;
WHEREAS, the P
A prioritization process, incorporating public input, shall explicitly
include outreach to and representation of both high-functioning individuals (e.g., seeking
employment or educational accommodations) and low-functioning individuals (e.g., at risk in
institutional settings) to meet federal equity standards;
WHEREAS, stakeholder feedback reveals the need for P
A advocacy to address both overt
violations affecting low-functioning persons and systemic barriers affecting high-functioning
individuals;
WHEREAS, the social model of disability emphasizes barriers rooted in societal and
environmental factors, necessitating P
A advocacy that encompasses access, inclusion, and
rights enforcement across all functional levels;
WHEREAS, failure to advocate for all disabled persons risks perpetuating disparities and
undermines the P
A's mission;
WHEREAS, a comprehensive advocacy strategy shall include facility monitoring for
institutionalized individuals as well as community-based advocacy promoting Americans with
Disabilities Act compliance for high-functioning individuals;
WHEREAS, since the original 1978 designation, the DLC has not regularly provided
formal performance or fiscal reports to the Governor or Utah Legislature beyond federal
submissions, limiting state oversight and review of activities; and
WHEREAS, federal law under 45 C.F.R. Sec. 1326.20 gives the Governor discretion to
review and redesignate the state's P
A agency for good cause, requiring adherence to
federally prescribed steps ensuring transparency, public participation, and continuity of
services:
NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
respectfully urges the Governor to initiate a formal review of the designation of the Disability
Law Center as Utah's P
A agency and, if warranted, undertake redesignation consistent with
federal guidelines.
BE IT FURTHER RESOLVED that the formal review should evaluate whether the current
P
A provider is respectful of families caring for disabled members, is appropriately
advocating for all eligible individuals, and prioritizing those with the greatest needs.
BE IT FURTHER RESOLVED that the Governor, if commencing redesignation, shall:
Provide written notice of intent to the current agency citing good cause and informing of
appeal rights;
Issue a broadly disseminated public notice with accessible details on the review purpose,
process, and assurances of service continuation;
Provide a minimum 45-day public comment period inviting feedback from stakeholders;
Hold a public hearing to review comments and testimony;
Solicit proposals
from qualified public or private nonprofit entities demonstrating
independence and capacity to serve all disability populations inclusively and with
family-centered advocacy;
Evaluate comments and proposals to determine whether to retain or redesignate the
agency; and
Publish a final decision with justifications and submit required assurances to federal
authorities within 30 days post-decision.
BE IT FURTHER RESOLVED that the Legislature of the state of Utah encourages the
Governor to ensure this process is conducted with transparency, inclusivity, and a commitment
to representing the full breadth of Utah's disabled community.
BE IT FURTHER RESOLVED that the Governor's findings and any actions taken be
reported to the Legislature for oversight and future guidance.
1-19-26 12:44 PM