Hans P. Graff

SENIOR ATTORNEY

Email:
Phone: 713-965-7626
Location: Houston
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Hans P. Graff has over 30 years of experience as an attorney advising and representing clients in federal and state courts, as well as in federal and state administrative hearings. Hans brings experience from Navy JAG as well as private practice where he concentrated in litigation as well as representation of school districts throughout Texas in special education and litigation.

In 1995, Hans began serving as an Assistant and later Deputy General Counsel for the Houston Independent School District. In that capacity, he represented the school district in matters involving the U.S. Department of Education Office of Civil Rights, the Office of Special Education Programs, the Family Policy Compliance Office and the U.S. Department of Justice. Additionally, he was responsible for representing Houston ISD in contested matters and hearings before the Texas Education Agency, the State Office of Administrative Hearings, the Texas Department of Agriculture, the State Board for Educator Certification, the Texas State Board of Examiners of Psychologists, and the State Board of Nursing. Hans also has years of experience in contested matters and experience reviewing, revising and negotiating contracts, MOUs and Interlocal agreements.

For more than 20 years, Hans annually reviewed and revised the HISD Code of Student Conduct and routinely provided advice on student discipline and student issues. He also routinely advised administrators and the HISD Police Department on potential Constitutional matters such as free speech, search and seizure, and matters related to child custody, DFPS conservatorship and family law.

PRACTICE AREAS

  • Litigation, including state and federal court, the Texas Education Agency, and the Texas State Office of Administrative Hearings
  • First Amendment, Civil Rights, and Discrimination
  • Texas Public Information Act and Texas Open Meetings Act Labor and Employment Law Education Law
  • Special Education and 504 Due Process Hearings and Appeals

EDUCATION

University of Texas School of Law, J.D., 1987
University of Texas at Austin, B.A., Economics and Latin American Studies 1984

PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS

  • State Bar of Texas: School Law Section, Military Law Section
  • Texas Association of School Boards, Council of School Attorneys
  • National Association of School Boards, Council of School Attorneys

SEMINARS AND PRESENTATIONS

  • Texas Association of Community Schools, Spring Legal Conference, “Day to Day Issues that Can Create Liability in Due Process Hearings,” Region 15, ESC, San Angelo, Tx. February 2020
  • National Educator’s Law Institute, 26th Annual Legal Conference for Educators- “Private Nurses, Private Therapists and ABA Services: Coordinating with a Student’s Outside Providers,” February 2020
  • University of Texas School of Law, 35th Annual School Law Conference, “School Safety from the School and Parent Point of View,” Austin, Tx. February 2020
  • American Speech and Hearing Association, ASHA Connect 2016, “Legal Issues in School Speech Language Pathologist Practice, Minneapolis, Minnesota, 2016
  • National Educator’s Law Institute, 20th Annual Legal Conference for Educators- A Day on Autism Spectrum Disorders, “The World of Related Services and Determining Need,” February, 2014
  • Houston Independent School District, Psychological Services, “Ethical Issues for Psychologists and Licensed Specialists in School Psychology,” January, 2014
  • National Educator’s Law Institute 16th Annual Legal Conference for Educators, “It’s Been a Busy Year: A Legal Update on Special Education Cases,” March, 2010
  • Gulf Coast Council of Administrators of Special Education Annual Retreat, “Homebound Eligibility in Texas,” October 2008
  • State Bar of Texas, School Law Section Summer Retreat, “Uniformed Services Employment and Reemployment Rights Act, Analysis and Recent Developments,” June 2008
  • National Educator’s Law Institute 15th Annual Legal Conference for Educators, “Applied Behavior Analysis Demands and Legal Implications for School Districts,” February 2008
  • National Educator’s Law Institute 14th Annual Legal Conference for Educators, “An Examination of Homebound Services and OHI Eligibility.” March 6, 2007
  • University of Texas School of Law, 21st Annual School Law Conference, “Tactics and Strategies in Special Education Due Process Hearings,” Austin, Texas, March 2-3, 2006
  • Lorman Education Services, Conference on Discipline of Students with Special Needs in Texas, “Recent Hearing Officer Rulings Regarding Discipline of Special Education Students,” Houston, Texas, January 2006
  • National Educator’s Law Institute 13th Annual Regional Legal Conferences for Educators, “Discipline and Behavior Management,” Fort Worth, Lubbock, South Padre Island, Austin and Tyler, Texas, October, 2005
  • Texas School Administrator’s Legal Digest, 19th Annual TCASE/Legal Digest Conference on Special Education Law,” Legal Issues That Arise in Educating Students with Autism, PDD, and Aspergers Syndrome,” San Antonio, Texas and Arlington, Texas, April 2005
  • National Educator’s Law Institute 11th Annual Legal Conference for Educators, Houston, Texas “Don’t Be Cruel”: Case Law Updates,” Feb. 2005
  • 24th National Institute on Legal Issues of Educating Individuals with Disabilities, LRP Publications, “Overriding Parental Consent for Initial Placements,” May 5-7, 2003, San Francisco, CA.
  • National Educator’s Law Institute, Tenth Annual Regional Special Education Law Workshops for All Educators 2002, Tyler, Lubbock, McAllen, Austin, and Arlington, Texas “Related Services and Assistive Technology: An In-Depth Analysis”, Fall 2002
  • Texas Council of Administrators in Special Education, Region IV, Educational Service Center Discipline Seminar, “Juvenile Justice Alternative Education Programs and Students in Prison- A School District’s Obligations,” Houston, Texas, February 28, 2002
  • Professional Development Network, Special Education Law in Texas, “Most Common Mistakes Which Lead to Due Process Hearings,” Houston, Texas, January 29, 2002
  • Texas Association of School Boards, Council of School Attorneys Education Law Seminar, “Recent Developments and a Review of Current Cases Related to Student Discipline,” Austin, Texas, September 23, 2001
  • Lorman Education Services, “School Violence Issues: Protecting our Schools in Texas,” Austin Texas, January 18, 2001
  • Professional Development Network, Special Education Law in Texas, “IDEA and Children in Private Schools,” November 1999.
  • National Educator’s Law Institute/Texas Council of Administrators in Special Education 1999 Regional Workshops; “Screening and Referral in Early Childhood,” Fall 1999.
  • Council of Educators for Students with Disabilities, Inc., Fall Southwest Section 504 Conference; “Recent Decisions of IDEA Hearing Officers,” Fall 1999
  • University of Texas School of Law, 13th Annual School Law Conference, March 5 and 6th 1998; “IDEA Amendments of 1997, Selected Summaries of the Proposed Regulations and Recent Case Interpretations.”

ARTICLES AND PUBLICATIONS

  • “Homebound Services Under the IDEA and Section 504: An Overview of Legal Issues,” LRP Publications, 2004, revised in 2008, 2012 and 2018

REPRESENTATIVE MATTERS

  • Represented Houston ISD in over 300 special education due process hearings

REPORTED CASES

EMPLOYMENT

  • Dina Williams v. Houston Independent School District, Dkt. No. 054-R2-301 (May 8, 2001)
  • Arthur Morgan v. Houston Independent School District, Dkt. No. 160-R2-599 (June 25, 1999)

SPECIAL EDUCATION

  • Alejandro G. b/n/f P.G. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 201-SE-0506 (2006)
  • AlexT., b/n/f A.T. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 247-SE-397 (1997)
  • Amanda S. b/n/f A.G. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 199-SE-0204 (2004)
  • Anthony P. b/n/f M.C. and M.C. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 338-SE-799 (1999)
  • Arash A. b/n/f R.A. and P.A. v Houston Independent School District, Before Special Education Hearing Officer, Dkt. 286-SE-0610 (2010)
  • Armand L. b/n/f J.L. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 131-SE-0213 (2013)
  • Bobby P. b/n/f R.P. and R.P. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 332-SE-0603 (2003)
  • Brandon M. b/n/f Z.M. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 195-SE-0204 (2004)
  • Caleb S. b/n/f A.L. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 141-SE-0112 (2012)
  • Christian R. b/n/f S.D. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 183-SE-0406 (2006)
  • Cody J. b/n/f A.J. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 091-SE-1208 (2008)
  • Darrien B. b/n/f C.B. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 272-SE-0405 (2005)
  • Devonte A. b/n/f L.A. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 099-SE-0108 (2008)
  • Student v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 038-SE-1012 (2012)
  • Gloria J.M. b/n/f B.Y. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 12-SE-1202 (2002)
  • Guillermo R., b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 353-SE-698 and 076-SE-1198 (Consolidated Cases) (1999)
  • Gabriela M. b/n/f M.V. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 084-SE-1102 (2002)
  • Irenecarr P. Y. b/n/f. P.Y. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 028-SE-999 (1999)
  • Jameisha N. b/n/f L.N. and C.N., v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 129-SE-0114 (2014)
  • James M. b/n/f V.M. and J.M. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 281-SE-0405 (2005)
  • Jocelyn D. b/n/f D.D. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 331-SE-0603 (2003)
  • John H. b/n/f I.H. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 020-SE-1002 (2002)
  • Justin M. b/n/f V.M. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 219-SE-0410 (2010)
  • Jennifer M. b/n/f K.M. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 415-SE-697 (1997)
  • Jennifer M. b/n/f K.M. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 332-SE-500 (2000)
  • Jazsmine J. b/n/f R.E. v. Houston Independent School District; Docket Number 025-SE-1002 (2002)
  • Jack C. b/n/f J.C. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 263-SE-396 (1996)
  • Kendrick F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 362-SE-0605 (2005)
  • Kendrick F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 015-SE-0906 (2006)
  • Kendrick F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 041-SE-1006 (2006)
  • Kendrick F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 176-SE-0307 (2007)
  • Kendrick F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 204-SE-0407 (2007)
  • Kendrick F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 292-SE-0607 (2007)
  • Kendrick F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 135-SE-0208 (2008)
  • Kendrick F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 177-SE-0310 (2010)
  • Kendrick F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 007-SE-0910 (2010)
  • Kendrick F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 137-SE-0211 (2011)
  • Kendrick F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 184-SE-0411 (2011)
  • Kenneth K. b/n/f D.K. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 104-SE-0110 (2010)
  • Kimberly D. b/n/f C.D. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 346-SE-0604 (2004)
  • Lakenya F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 082-SE-1113 (2013)
  • Lakenya F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 174-SE-0310 (2010)
  • Lakenya F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 174-SE-0910 (2010)
  • Lakenya F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 292-SE-0811 (2011)
  • Lakenya F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 098-SE-1212 (2012)
  • Lakenya F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 241-SE-0611 (2011)
  • Lakenya F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 098-SE-1213 (2013)
  • Lakenya F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 045-SE-1010 (2010)
  • Lakenya F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 187-SE-0411 (2011)
  • Lakenya F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 015-SE-0906 (2006)
  • Lakenya F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 045-SE-1010 (2010)
  • Lakenya F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 004-SE-0910 (2010)
  • Lakenya F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 094-SE-1208 (2008)
  • Lakenya F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 085-SE-1208 (2008)
  • Lakenya F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 052-SE-1008 (2008)
  • Lakenya F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 138-SE-0208 (2008)
  • Lakenya F. b/n/f M.R. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 222-SE-0407 (2007)
  • Lehman B. b/n/f KB. and B.B. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 006-SE-0905 (2005)
  • Marcel L., b/n/f J.L. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 074-SE-1112 (2012)
  • Marc G. b/n/f M.S. and M.S. v. Houston Independent School District: Docket No. 258-SE-0608 (2008)
  • Marquel J. b/n/f Q.J. and D.J. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 311-SE-0504 (2004)
  • Michael S. b/n/f C.S. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 244-SE-0609 (2009)
  • Mina E. b/n/f Mr. and Mrs. B.E. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 197-SE-399 (1999)
  • Martha B. b/n/f A.M. v. Houston Independent School District; Docket Number 058-SE-1000 (2000)
  • Michael B. b/n/f A.M. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 286-SE-599 (1999)
  • Marcelius B. b/n/f Q.J. and D.J. v. Houston Independent School District., Before Special Education Hearing Officer, Dkt. 318-SE-0504 (2004)
  • Nathan C. b/n/f C.C. and J.C. v. Houston Independent School District; Docket No.228-SE-0518 (2018)
  • Petra S. b/n/f R.S. and J.S. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 128-SE-0119 (2019)
  • Prescilla G. b/n/f J.G. and F.G. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 375-SE-0704 (2004)
  • Raymond V. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 323-SE-0603 (2003)
  • Reed J. b/n/f D.J. & C.J. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 019-SE-996 (1996)
  • Robert P. b/n/f A.P. & M.P. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 207-SE-296 (1996)
  • Rodolfo O. b/n/f Ms. O. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 100-SE-1197 (1997)
  • Sebastian M. b/n/f R.M. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 201-SE-0315 (2015)
  • Simeon M. b/n/f M.M. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 162-SE-0212 (2012)
  • Sophia S. b/n/f H.S. and N.S. v. Houston Independent School District; Docket No.248-SE-0617 (2017)
  • Tiffany W. b/n/f R.W. v. Houston Independent School District; Docket Number 295-SE-0501 (2001)
  • Tommy J. b/n/f H.C. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 102-SE-1197 (1997)
  • Tommy J. b/n/f H.J., v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 057-SE-0103 (2003)
  • Tommy J. b/n/f H.J., v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 205-SE-0204 (2004)
  • Trinity D. b/n/f D.D., v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 290-SE-0814 (2014)
  • Tyler H. b/n/f B.H. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 147-SE-0308 (2008)
  • Valencia P. b/n/f Mr. and Mrs. J.P. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 405-SE-0804 (2004)
  • Walterio V. b/n/f B.V. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 433-SE-797 (1997)
  • William B. b/n/f J.B. and J.B. v. Houston Independent School District; Docket No.241-SE-0611 (2011)
  • Zakhary K. b/n/f R.K. v. Houston Independent School District, Before Special Education Hearing Officer, Dkt. 018-SE-997 (1997)

HONORS

Defense Meritorious Service Medal, Meritorious Service Medal, Navy Commendation Medal (4), Navy Achievement Medal (3), Navy Meritorious Unit Commendation, National Defense Service Medal (2), Global War on Terrorism Service Medal, Southwest Asia Service Medal (3 Campaigns-Defense of Saudi Arabia, Liberation and Defense of Kuwait, Ceasefire Campaign), Iraq Campaign Medal, Overseas Service Ribbon (5 Awards), Kuwait Liberation Medal (GOS); Kuwait Liberation Medal (GOK) and Pistol Sharpshooter Ribbon. Retired January 2018 with rank of Captain from the Navy Reserve.

BAR ADMISSIONS

State Bar of Texas

COURT ADMISSIONS

U.S. District Court, Northern, Southern, Western, and Eastern Districts of Texas
Fifth Circuit Court of Appeals
United States Court of Military Appeals

PREVIOUS EXPERIENCE

Deputy General Counsel, Houston Independent School District Office of Legal Services, 1995-2019
Captain, Judge Advocate General’s Corps, United States Navy, Ret. 1988-2018

LANGUAGES

English
Spanish