History of the Olmstead Plan

Why is it called the Olmstead Plan?

“Olmstead” is the last name of a person. It comes from the groundbreaking 1999 U.S. Supreme Court decision Olmstead v. L.C. This ruling affirmed the right of Americans with disabilities to live in the most integrated settings possible and laid the foundation for Minnesota’s Olmstead Plan.

Olmstead v. L.C.

The lead plaintiffs of the Olmstead decision were Lois Curtis and Elaine Wilson, two women with mental illness and developmental disabilities who were confined to a psychiatric unit at the Georgia Regional Hospital. Although mental health professionals deemed them ready to live in community-based programs, they remained institutionalized for several years. They filed a lawsuit under the Americans with Disabilities Act (ADA) to be released from the hospital.

On June 22, 1999, the Supreme Court issued its landmark decision, Olmstead v. L.C. The ruling stated that segregating people with disabilities without a valid reason is discrimination, and public entities must provide community-based services when appropriate.

Read more about the Olmstead court case at this federal ADA website: Olmstead Community Integration for Everyone

Disability Rights North Dakota has a three minute video about the history of the Olmstead Decision and disability rights. Watch the "Olmstead Decision" video on YouTube.

To learn more about Lois Curtis and Elaine Wilson, check out this video, "The Women Behind Olmstead," from the University of Georgia.

Why does Minnesota have an Olmstead Plan?

The catalyst for Minnesota’s Olmstead Plan was the Jensen Settlement Agreement. This settlement required the state of Minnesota to develop an Olmstead Plan. In 2013, Governor Mark Dayton used his executive power to create the Olmstead Subcabinet and tasked its members — leaders of state agencies and other state organizations — with writing the Plan. They spent two years researching how to improve services, refining topics and goals, and seeking public input before officially adopting the Plan in 2015. You can learn more about the Court's orders in the Jensen case in our Court Documents library.

Even though the Olmstead Plan is no longer under court jurisdiction through the Jensen settlement, the state of Minnesota is still committed to continuing the Olmstead Plan.

History of the Minnesota Olmstead Plan

Below is a brief timeline highlighting the efforts that resulted in the current Minnesota Olmstead Plan.

2011
2012
2013

In January of 2013, Governor Mark Dayton issued Executive Order 13-01 which created the Olmstead Subcabinet. The Subcabinet now includes 13 state agencies and councils. They were tasked with writing and implementing a plan that supported freedom of choice and opportunity for people with disabilities. Learn more about the Subcabinet.

Throughout 2013, the Olmstead Subcabinet worked on several drafts of the Olmstead Plan and held listening sessions to learn from people throughout Minnesota. A monitor who was appointed by the Court decided that the Plan needed to be improved before being approved by the Court.

In 2013, the Olmstead Implementation Office (OIO) was also created. Learn more about OIO.
2014
2015

In January of 2015, the Court again provisionally approved a revised version of the Olmstead Plan. Governor Dayton issued Executive Order 15-03, which included more guidance on what the Olmstead Subcabinet needed to do.

Throughout 2015, the Olmstead Subcabinet continued to work on the Olmstead Plan. They also worked on approving State Agencies’ work plans and agreed on the processes the Subcabinet would use to make sure the Olmstead Plan was put into place.

In August 2015, a revised version of the Plan was submitted to the Court. It was officially approved in September and became Minnesota's Olmstead Plan.
2016 to 2023

Every year the Olmstead Implementation Office received feedback from people about the Olmstead Plan and made changes. The Olmstead Plan was updated annually.

In 2019, the Subcabinet created workgroups to explore five topic areas. These workgroups began meeting in 2021 and ended in 2023 after presenting their final recommendations to the Subcabinet. Learn more about Olmstead Workgroups.
2023 to Present

In May, the Olmstead Subcabinet decided it was time for a more comprehensive update of Minnesota’s Olmstead Plan. Since then, the Subcabinet, Leadership Forum, and Olmstead Implementation Office have been determining the best process for creating the next phase of the Olmstead Plan. There will be an emphasis on co-creating the Plan with the disability community.