About Holly McIntush
Legal Assistant: Kristy Alonzo | 512-615-2350 | kalonzo@thompsonhorton.com
Holly’s passion and commitment for her work is evident to her clients and all who work with her. Every facet of her career has been dedicated to improving public education whether through the legislative process, counseling clients in general school law matters or handling complex litigation.
Holly is a Partner in our Austin office. She represents public schools and colleges in civil and appellate litigation in both state and federal courts. She also advises school boards on a variety of matters, including civil rights laws, Title IX, personnel matters, student discipline, special education, investigations, the Open Meetings Act and the Texas Public Information Act. Holly has played a pivotal role in several high profile cases, including the recent challenge to the constitutionality of the Texas school funding system as well as several of the largest Title IX lawsuits involving allegations of sexual harassment in a university setting.
Prior to joining Thompson & Horton, Holly litigated complex healthcare fraud cases for the Texas Attorney General’s Office and served as a clerk for Justice Diane Henson on the Texas Third Court of Appeals. Before attending law school, she spent four years as the Legislative Director for former Texas State Representative Scott Hochberg, focusing on public education and school finance policy, and one year as a Research Specialist for the Office of House Bill Analysis, focusing on public education and health and human services legislation.
While in law school, Holly clerked for the Legal Assistance Foundation of Metropolitan Chicago. She also represented parents and children in child protective cases through NYU Law’s Family Defense Clinic and Children’s Rights Clinic, co-chaired the NYU Education Law and Policy Society, co-founded the Suspension Representation Project through which law students represent New York City public school students in school disciplinary proceedings, and served as a Notes Editor for the Journal of Legislation and Public Policy.
Education
- J.D., magna cum laude, New York University School of Law, 2008
- Root Tilden Kern Public Interest Law Scholar
- M.A., Texas A&M University, 2000
- B.A., cum laude, University Honors, Texas A&M University, 1998
Licensing & Bar Admissions
- Licensed in the state of Texas
- U.S. Court of Appeals for the Fifth Circuit
- U.S. District Court for the Western, Northern, Southern, and Eastern Districts of Texas
Memberships & Recognitions
- State Bar of Texas, School Law Section
- Texas Association of School Boards – Council of School Attorneys
- National School Boards Association – Council of School Attorneys
- Austin Bar Association
- Literacy First, Chair of Leaders for Literacy
Selected Client Representations
- Currently defending a large private university in multiple high-profile federal Title IX lawsuits involving more than 15 plaintiffs whose allegations stem from sexual assault
- Successfully defended appeal to federal Fifth Circuit Court of Appeals in lawsuit by parents of a special education student
- Successfully defended appeal of trial court’s dismissal of lawsuit by former school district employees alleging civil rights and constitutional violations before the federal Fifth Circuit Court of Appeals
- Obtained summary judgment on behalf of large urban school district in lawsuit alleging free speech retaliation, free association retaliation, and due process violations
- Obtained dismissal on governmental immunity grounds in lawsuit by former school district employees alleging free speech retaliation and due process violations, and successfully defended dismissal on appeal
- Obtained dismissal of lawsuit by parents alleging fraud in district’s School Health and Related Services (SHARS) program
- Drafted appellate brief in successful defense of Commissioner’s decision upholding termination as part of a reduction in force due to financial exigency before the Texas Third Court of Appeals
- Member of trial team that obtained successful trial court verdict in lawsuit challenging the constitutionality of Texas’s school finance system on behalf of 88 public school districts in Texas Taxpayer and Student Fairness Coalition v. Williams, and drafter the Texas Supreme Court brief
Representative Speeches & Presentations
- “The Curious Case of Claire: Navigating Investigations of Sexual Harassment and Misconduct in the #MeToo Era” with Sandy Hellums-Gomez, presented webinar for the National School Board Association Council of School Attorneys
- “#metoo: Best Practices in Gender Equity” with Bradley J. Domangue (New York University), presented at 2018 Education Law Association National Conference.
- “Title IX in the #metoo Era” with Beth Darby and Jessica Witte, presented at 2018 Texas Association of School Boards conference
- “Young and Attractive is Never a Defense: Creating a bright line policy to Prevent Title IX Violations,” with Janet L. Horton and Bradley J. Domangue, presented at 2016 TASA Midwinter Conference
- “School Finance: Appeal and Legislative Update,” presented at Region 13 Superintendent’s Meeting.