Lisa R. McBride
Partner

Lisa McBride is a partner at Thompson & Horton LLP, where she represents public and private schools, community colleges and other governmental entities in commercial disputes; labor and employment matters; internal and external investigations; trustee, bond, and voter-ratified tax elections; student discipline hearings; student privacy and constitutional law issues; appeals before the Commissioner of Education; and civil rights litigation.

Ms. McBride also counsels governmental entities concerning their obligations under the Texas Public Information Act, the Texas Open Meetings Act, and the Texas Election Code.  Ms. McBride's election law practice includes advising clients on their obligations under state law regarding campaign finance and ethics; preparing required election resolutions, notices, orders and preclearance submissions to the Department of Justice; negotiating joint election agreements and contracts for election services; and representing clients in election litigation.  She also advises governmental entities concerning permissible and impermissible election communications, permissible and impermissible uses of public funds, and public forum issues.

Ms. McBride is a frequent speaker on topics such as open government; elections; sexual harassment; civil rights; conducting meaningful employment investigations; student, parent, and teacher rights; and other labor and employment issues.  She assists clients with the creation and implementation of governance, employment, business, and education policies and procedures.  Ms. McBride also assists clients with high-profile investigations involving misuse of public funds, harassment, discrimination, official misconduct, and alleged employee wrong-doing.

Ms. McBride has extensive experience representing clients in both state and federal court and before the Equal Employment Opportunity Commission, the United States Department of Education, the United States Department of Justice, the Texas Workforce Commission, and the Texas Education Agency in matters involving alleged age, race, gender, national origin, and disability discrimination; harassment; retaliation; wrongful discharge; wage and hour disputes; family and medical leave; voting rights; and desegregation.

Prior to joining Thompson & Horton, Ms. McBride was an attorney at Bracewell & Giuliani in the School & Public Law Section for eight years.

 

Representative Cases

 

Obtained summary judgment for a school district on parents' federal and state constitutional and statutory challenges to the school district's visitor access procedures which require registered sex offender verification (2010)

Lead counsel in a bench trial resulting in judgment in favor of a school district on a former employee's claims of retaliation, disability, gender, and national origin discrimination (2010)

Successfully facilitated a favorable settlement in multi-million dollar lawsuit filed by a school district against a refrigerated warehouse for ammonia contamination of frozen food used in the district's school lunch program (2009)

Successfully defended a school district's value-added, performanced-based bonus system before an independent hearing examiner (2008)

Successfully defended a school district against a petition for mandamus challenging the district's decision to change its election date (2007)

Obtained summary judgement in a pregnancy discrimination case (2009), numerous higher education student dismissal cases (2003, 2007, 2008), several race discrimination cases (2007, 2008), numerous age discrimination cases (2004, 2006, 2007), an equal pay action (2004), a first amendment retaliation and due process case (2004), and several alleged child abuse cases (2006, 2008)

Watkins v. La Marque Indep. Sch. District, 308 Fed. Appx. 781 (5th Cir. 2009), (affirming summary judgment to the school district on claims of alleged peer-on-peer sexual harassment asserted under Title IX and the Fourteenth Amendment to the U.S. Constitution) (January 2009)

Meyers v. La Porte Indep. Sch. Dist., 2007 U.S. App LEXIS 29598 (5th Cir. December 20, 2007) (affirming summary judgment on race and gender discrimination, Title IX, and Section 1981 claims)

Ross v. Houston Community College System, 2005 WL 2656372 (S.D. Tex. 2004), aff'd, 213 Fed. Appx. 297 (5th Cir., Jan. 9, 2007), cert. denied, 550 U.S. 960 (2007)(dismissing former student's civil rights claims)

Woods v. Sheldon Indep. Sch. Dist., 2007 U.S. App. LEXIS 8562 (5th Cir. April 13, 2007) (affirming summary judgment in a race and age discrimination case)

Curuta v. Office of the Chief Administrative Hearing Officer and Lone Star College, 398 F.3d 329 (5th Cir. 2005) (affirming summary decision in favor of Defendant on Plaintiff's claim of citizenship discrimination)

Doe v. S & S Consol. Indep. Sch. Dist., 309 F.3d 307 (5th Cir. 2002) (prepared amicus brief on behalf of the Texas Association of School Boards in civil rights case concerning alleged physical abuse of a student asserted under Section 1983 and the Fourth and Fourteenth Amendments to the Constitution)

Lisa Stockton, a/n/f of Jeremy Douglas Hill, and Kay Gallagher, a/n/f of Lucas Gallagher v. City of Freeport, Texas, and Brazosport ISD, 37 Fed. Appx 712 (5th Cir. 2002) (Fourth and Fourteenth Amendment challenge to school district’s investigation of alleged terroristic threat by students)

Meadows v. Braxdale and Lake Travis Indep. Sch. Dist., 2010 WL 55974 (W.D. Tex. January 4, 2010) (granting summary judgment to Defendants on parents’ federal and state constitutional and statutory challenges to District’s visitor access system requiring verification of registered sex offender status)

Liu v. Houston Community College System, et al, C. A. No. H-07-3448; In the United States District Court for the Southern District of Texas, Houston Division, (granting summary judgment to Defendant on Plaintiff’s retaliation, harassment, failure to promote and national origin and pregnancy discrimination claims) (August 2009)

Scott v. Lone Star College, C.A. No. H-05-4312; In the United States District Court for the Southern District of Texas, Houston Division (granting summary judgment to Defendant on student’s Title VI wrongful dismissal claim) (August 2008)

Givens v. North Harris Montgomery Community College Dist., 2008 U.S. Dist. LEXIS 34691 (S.D. Tex. April 28, 2008) (granting summary judgment to Defendant on former employee’s race discrimination, retaliation, and Section 1981 claims)

Kendrick F., a minor, by his parent Mary Ruffin as next of kin v. Houston Indep. Sch. Dist., C.A. No. 4:06-cv-01306; In the United States District Court for the Southern District of Texas, Houston Division (dismissing claim that school district violated the IDEA, Section 504, and Section 1983 with respect to student’s educational program) (September 2006).

Neely v. Houston Community College System, 2006 U.S. Dist. LEXIS 57054 (S.D. Tex. August 14, 2006) (granting summary judgment on age discrimination and breach of contract claims)

Durden, et al v. Houston Indep. Sch. Dist., 2006 U.S. Dist. LEXIS 39817 (S.D. Tex. June 14, 2006) (granting summary judgment on alleged abuse of student claim asserted under Title IX and Section 1983)

Brooks, et al v. Corpus Christie Indep. Sch. Dist., C.A. No. 05-234; In the United States District Court for the Southern District of Texas, Corpus Christi Division (facilitated favorable settlement following a bench trial on school closing challenge brought under Title VI, Section 1983 and the Fourteenth Amendment to US Constitution) (December 2005)

Reynolds v. Houston Community College System, C.A. No. H-02-2279; In the United States District Court for the Southern District of Texas; Houston Division (granting summary judgment to Defendant on employee’s equal pay and due process claims) (March 2005)

Eugene v. Houston Community College System, et al, C.A. No. H-04-2291; In the United States District Court for the Southern District of Texas, Houston Division (granting summary judgment to Defendant on employee’s first amendment retaliation and due process claims) (September 2005)

Ogbonnaya v. San Jacinto College System, C. A. No. H-01-3356; In the United States District Court for the Southern District of Texas, Houston Division (granting summary judgment to Defendant on student’s breach of contract, wrongful dismissal, and due process claims) (May 2003)

Perez v. Spring Branch Indep. Sch. Dist., No. 2006-75319; in the 127th Judicial District Court of Harris County, Texas, (bench trial resulting in judgment in favor of the District on Plaintiff’s claims of retaliation and disability, gender, and national origin discrimination) (January 2010)

Houston Indep. Sch. Dist. v. Houston Central Industries, et al, No. 2008-1375; in the 281st Judicial District Court of Harris County, Texas (facilitated favorable settlement in multi-million dollar lawsuit against a refrigerated warehouse for ammonia contamination of the district’s frozen food product) (October 2009)

Stan H. Looper and Cynthia M. Scott v. Houston Community College System, Bruce Leslie, Diana Castillo, and Reynaldo Garay, C.A. No. 14-07-00040-CV; In the 14th Court of Appeals; Harris County, Texas (affirming summary judgment on whistleblower claim) (November 2007)

Matthew Paine v. Columbia-Brazoria Indep Sch. Dist, Cause No. 32852; In the 239th Judicial District Court of Brazoria County, Texas (challenging school district’s use of bond proceeds) (May 2007)

Kelley v. Humble Indep. Sch. Dist., 2007 Tex. App. LEXIS 2504 (Tex. App. – Houston [1st Dist.] March 29, 2007, pet. denied) (affirming summary judgment in age discrimination case)

In Re the City of Stafford and Leonard Scarcella, No. 14-07-00019-CV; In the Court of Appeals for the Fourteenth District of Texas, Houston Division (denying petition for writ of mandamus challenging District’s change of its election date) (February 2007)

Kelley v. Texas Workforce Comm'n et al, 2006 Tex. App. LEXIS 11095 (Tex. App. –Houston [1st Dist] December 28, 2006, pet. denied) (affirming plea to the jurisdiction in unemployment benefits matter )

Kelley v. Texas Workforce Comm'n et al, 2006 Tex. App. LEXIS 11096 (Tex. App. –Houston [1st Dist] December 28, 2006, pet. denied) (affirming plea to jurisdiction in unemployment benefits matter)

Kucera v. Humble Indep. Sch. Dist., 2004 Tex. App. LEXIS 8583 (Tex. App. – Houston [1st Dist.] September 28, 2004, no pet.) (affirming summary judgment in age discrimination case)

Ertell v. Brazosport College, Cause No. 15833*JG01; In the District Court of Brazoria County, Texas; 239th Judicial District (granting summary judgment to Defendant on student’s wrongful dismissal claim) (March 2003)

selected Publications and Speeches

Ms. McBride has prepared materials for and/or has given presentations on the following topics:

Speaker, "Compliance Matters: Everything You Need to Know Regarding Section 504, Title II of the ADA, Title IX and Title VI", Region 4 Education Service Center, September 21, 2011

Speaker, "Election Advertising: The Politics of Obtaining Voter Support.", presented Fall, 2011

Speaker, "To RIF or Not to RIF?", Gulf Coast Association of School Personnel Administrators, October 2010

Speaker, "Redistricting After the 2010 Census," 50th Annual Convention of the Texas Association of School Boards/Texas Association of School Administrators, co-presented by Arturo Michel, Partner, Thompson & Horton LLP, September 2010

Speaker, "Sexual Harassment of Students and Employees in the Workplace", presented to the Hempstead Independent School District, August 2010

Speaker, "Avoiding Legal Claims in the Hiring Process," 23rd Annual TASSP – Legal Digest Conference on Education Law for Principals, June 2010

Speaker, "Charting a Course Toward Better Employment Decisions," HISD Administrator Training, May and June 2010

Speaker, "Elections, Campaigning and Becoming a Board Member," presented to the La Porte Independent School District, March 2010

Speaker, "Confronting Ethical Ambivalence in the Legal Response to Sexual Misconduct Between Employees and Students," 55th Annual Education Law Association Conference, co-presented by Susan C. Bon, J.D., PhD, George Mason University, October 2009

Speaker, "Moving Forward or Rolling Back? School Tax Rate Ratification Elections in 2009 and Beyond," 49th Annual Convention of the Texas Association of School Boards/Texas Association of School Administrators, co-presented by Philip Fraissinet, partner, Thompson & Horton LLP, October 2009

Speaker, "What Do They Really Need to Know? -- Effective Communication," 49th Annual Convention of the Texas Association of School Boards/Texas Association of School Administrators, co-presented with Hempstead ISD, October 2009

Speaker, "Rollback Tax Elections: Law and Politics, 24th Annual University of Texas School Law Conference," February 26, 2009

Speaker, "The ADA Amendments Act of 2008 and the Public Schools," presented to the National School Boards Association's Council of School Attorneys, December 2008

Speaker, "How Should School Administrators Approach Legal Issues Associated with Divorced Parents and/or Child Custody Orders?," presented at the 47th Annual Convention of the Texas Association of School Boards/ Texas Association of School Administrators, September 2007

Speaker, "A School Law Primer on Issues Facing School Districts and School Employees," presented at the Houston Bar Association, August 31, 2007

Speaker, "Sources of Potential Liability for Private Schools," presented at the Regents School of Austin, Summer Board Workshop and Retreat, June 8, 2007

Speaker, "An Update on Student, Parent and Teacher Rights in Public Schools," presented at the McNeil Foundation for Ecumenical Leadership, Houston CAN Academy, March 2007

Speaker, "Sources of Potential Liability for School and School Administrators," presented at the McNeil Foundation for Ecumenical Leadership, Houston CAN Academy, March 29, 2006

Speaker, "Fall Update on Recent Special Education Hearing Officer Decisions," presented at the Houston Metropolitan Area Diagnosticians' Association Fall Conference, November 2005

Speaker, "Fair and Effective Documentation of Employee Wrongdoing: What They Don't Teach You in School," presented at the 45th Annual Convention of the Texas Association of School Boards/ Texas Association of School Administrators , October 2005

Speaker, "Sexual Harassment of Students on the Campus:  A Short Course for Professionals," presented at The Post Oak School, October 21, 2005

Speaker, "Confidentiality on the Private School Campus," presented February 9, 2005

Speaker, "Legal Issues in Interviewing," presented at the Region IV Educational Service Center; August 12, 2004

Author, "Fair Labor Standards Act: What Every Employer Should Know," presented July 26, 2004

Speaker, "Confidentiality on the Public School Campus," presented at Longview ISD, July 2004

Speaker, "Confidentiality of Student Records," presented at Region IV Education Service Center, April 2003

Speaker, "The Reorganization of the IDEA and the Impact on Public Schools," presented at the NELI/TCEC Ninth Annual Legal Conference for Educators, February 26, 2003

Speaker, "Legal Issues Associated with Disability-Based Harassment in Schools," presented to the MHMRA - Mental Retardation Planning Advisory Council, November 5, 2002

Speaker, "Law Enforcement Issues within the School Environment,"; presented at the NELI/TCEC Eighth Annual Legal Conference for Educators, February 28, 2002

Speaker, "Environmental Law Issues Affecting Schools: Expect the Unexpected," coauthored by Tim Wilkins, Partner, Bracewell & Giuliani LLP; presented at the 41st Annual Convention of the Texas Association of School Boards/Texas Association of School Administrators, September 2001

Coauthor, "Legal Issues Associated with Grading and Assessment of Students with Disabilities," coauthored by Janet Little Horton, Partner, Bracewell & Giuliani LLP, Fall 2001

Speaker, "Sources of Potential Liability for Schools and School Administrators," presented at the Dallas Independent School District's Summer 2001 Administrators' Conference: "With Learning In Mind", July 24, 2001

Author, "Recent Issues Regarding the Discipline of Special Education Students - A Case Law Update: 1999-2001," May 22, 2001

Author, "How Should a District Handle Claims for Reimbursement for Private Placement or Services?, "April 2001