KEVIN THOMAS O’HANLON  

Mr. O’Hanlon graduated from the University of Texas at Austin in 1974 with a Bachelor of Arts with Honors in Plan II, the undergraduate honors program.  He was a member of Phi Beta Kappa, the national honors fraternity. In 1977, Mr. O’Hanlon graduated from the University of Texas Law School and founded the law firm of Feeney, O’Hanlon & Moore, P.C. immediately upon graduation.  His practice involved a broad range of litigation areas, with a strong emphasis on constitutional and civil rights litigation.  In 1983, Mr. O’Hanlon was invited to join the staff of the Texas Attorney General’s Office to assume the responsibility for the celebrated Mobil Litigation.  He served as an Assistant Attorney General from 1983 until 1990.  Mr. O’Hanlon specialized in public policy litigation involving public education including school finance, (Edgewood vs. Kirby): pre-employment testing (United States v. Texas); employment testing (State of Texas vs Project Principle, Inc.); and Texas’ famous No-pass/No-play rule (Stamos vs. Spring Branch CISD).  As a litigator Mr. O’Hanlon has tried hundreds of cases in both judicial and administrative settings.  He has appeared on many occasions before the Texas Supreme Court, the Fifth Circuit Court of Appeals, and the intermediate appellate courts of the State of Texas.  Mr. O’Hanlon became Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization in 1987, and in Civil Trial Law in 1990.  He retains those prestigious certifications today.

In his public practice, Mr. O’Hanlon has become thoroughly familiar with a broad range of state agencies and political subdivisions.  He is familiar with the unique legal issues encountered in public representation and with the specific strategies and legal perspectives necessary for public representation. Since September 1, 1990, when Mr. O’Hanlon was first employed as General Counsel of the Texas Education Agency, he has added to his experience as General Counsel for public agencies and/or political subdivisions.  In this capacity Mr O’Hanlon has acquired in-depth experience with the legislative process, state and federal grants administration, administrative rule making and interpretation, and administrative practice. In addition to conducting legal activities, Mr. O’Hanlon has been recognized as an expert witness regarding both personnel and purchasing functions.  Mr. O’Hanlon is recently completed a term serving as a Special Education Hearing Officer for the Texas Education Agency.

•    The University of Texas at Austin – Bachelor of Arts with Honors in
    General & Comparative Studies (also known as Plan II - the
    undergraduate honors program), 1974.
•    Member of Phi Beta Kappa, the national honors fraternity.
•    The University of Texas Law School, J.D., 1977.

Mr. O’Hanlon has appeared on many occasions before the Texas Supreme Court, the Fifth Circuit Court of Appeals, and the intermediate appellate courts of the State of Texas.  He is Board Certified in Civil Appellate Law and Board Certified in Civil Trial Law.  Mr. O’Hanlon is also licensed to practice before all state courts in the Commonwealth of Massachusetts.  Mr. O’Hanlon is licensed to practice in all Texas Courts, Federal District Courts for the Western, Northern, Southern and Eastern Districts of Texas, the Western District of Oklahoma and the Western District of Arkansas.  He is licensed to practice before the Fifth, Eighth and Eleventh Circuit Courts of Appeals and the United States Supreme Court.
 

PRACTICE AREA INFORMATION for Kevin O’Hanlon:

Trial and Appellate Litigation
Constitutional Law
Public Policy Litigation
Injury Litigation
Employment Testing
Employment Law
Americans With Disabilities Act (ADA)
Titles VI, VII, & IX of the Civil Rights Act of 1964
42 USC §1983 Civil Rights Litigation
School Law (all areas)
General Counsel Advice to Governmental Agencies and
      Subdivisions
Open Government/Student Records
School District Policy Development
Term Contract Non-Renewal Act Application
First Amendment Issues
Construction Litigation

List of matters in which Kevin O'Hanlon has testified as an Expert witness concerning public education policies and procedures:

 1.         Cause No. 98-03115, 200th Judicial District of Travis County, Texas David R. Allen, Individually and d/b/a Cadra Associates and Cadra Employee Benefits v Clyde W. Sommerlatte, Jr., CRS Marketing Agency, Inc., and National Plan Administrators, Inc.

 Nature of Testimony:  Competitive bidding requirements and their impact on a school district's procedures for acquiring health/dental insurance.  Testimony was by affidavit.  Deposition was scheduled, but case settled.

 2.         Texas Education Agency Docket No. 067-R2-100, Howard A. Tisby v. Dallas Independent School District (Comm'r. Educ. February 23, 2000)

 Nature of Testimony:  School district practices regarding suspension of employees charged with felony criminal offenses.  Testified at local Due Process Hearing.

 3.         Cause No. 4503-94-B, 93rd District Court of Hidalgo County, Texas, Enrique Gallegos v Donna Independent School District and Garcia & Lopez Attorneys at Law.

 Nature of Testimony:  School Attorney's ethical responsibilities towards his clients and standard of practice in a legal malpractice case.  Testified at deposition.

4.         District Court of Travis County, Texas.  San Benito Consolidated Independent School District v. Mike Moses, Commissioner of Education and the Harlingen Independent School District an appeal from Texas Education Agency Docket No. 128-R6-193,  Treasure Hills Investments v. San Benito Consolidated Independent School District (Comm'r. Educ. May 1994).

Nature of Testimony:  Factors to be considered by the Commissioner of Education in ruling on a contested Petition for Detachment and Annexation of real property from one school district into another.  Testimony was by affidavit.  Deposition was scheduled, but case settled.

5.         Texas Education Agency Docket No. 028-R6-1095, Jim Bethman, L. Bethman, et al v. Carrolton-Farmers Branch ISD and Coppell ISD

 Nature of Testimony:  Testified at local hearing on the financial consequences to a school district of losing territory to another district in a Detachment and Annexation Process.

6.         Texas Education Agency Docket No. 164-R2-599,     Nancy Lee v. Aransas County ISD

 Nature of Testimony:  Testified through affidavit as to personnel practices in Texas school districts and the standard of care for a special education director.  Testified via an affidavit. Case settled.

 7.         Cause No. 99-14128, 53rd District Court of Travis County, Texas, Lynette Crane v. Commissioner of Education and Pettus Independent School District.

Nature of Testimony:  Testified through affidavit as to personnel practices in Texas school districts and the Due process requirements attendant to an employee contract termination.  Deposition was scheduled but case settled.

8.         Cause No. 98-10689, 126th District Court of Travis County, Texas,  Jessica Barnard, et al v. Durham Transportation.

Nature of Testimony:  Testified through deposition as to the nature of related services under the IDEA and the procedures for changing related services in the area of transportation.  Trial is set for April 2001.

 Legislative Testimony:

In addition to the above-listed court cases, Kevin O’Hanlon has given testimony to the Texas Legislature in every session since the 1987 Legislative session on policy issues involving public education in the State of Texas.  The topics of his testimony have involved school finance and school finance equity, teacher, professional practices and the structure of due process systems for dealing with ethical complaints.  In addition, he has worked extensively and testified about personnel matters.