A self-described “crazy wrestling mom” of three boys, Kate “adopted” her son's high school wrestling team and can be found preparing breakfast for “her wrestlers” at 5 a.m. on Saturday mornings.
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Kate has more than 15 years of experience providing advice and counsel to public institutions, boards of education, trustees, and administrators in the area of labor and employment, public contracting, public governance, teacher and student discipline, FMLA/FLA, Title IX, FERPA, special education, Freedom of Speech and other constitutional issues, collectively negotiated agreements, compliance and risk management, construction, workers compensation, conflicts of interest, policy development and implementation, OPRA/OPMA, and all facets of internal investigations and litigation.
As an education attorney, Kate regularly assists her clients in transactions, operations issues, litigation and governmental investigations appearing before New Jersey’s Commissioner of Education, the United States Department of Education/Office of Civil Rights, the Equal Employment Opportunity Commission, New Jersey’s Division of Civil Rights, New Jersey’s Civil Service Commission, as well as state and Federal courts. She also advises clients on employment law matters, including personnel management, compensation, termination, and lease issues.
Kate supplements her court-based advocacy with in-service trainings in the areas of board operations and functions, administrator and supervisor oversight responsibilities, school ethics, IDEA and 504 compliance, HIB and sexual harassment investigations, employee discipline, as well as ADA compliance.
*Results may vary depending on your particular facts and legal circumstances.
- October 8, 20248th Annual STEM Forum for School Leaders
- October 30, 2024Tri-County 43rd Annual Awards Dinner
- October 24, 20242024 New Jersey School Board Association Workshop Annual Reception
- October 24, 2024NJALC Fall Symposium 2024
- February 7, 2024Katherine A. Gilfillan and Marc H. Zitomer Presented at NJICLE's 2024 School Law Conference
- December 4, 2023Schenck Price Attorneys Host Annual Holiday Party at The River Café
- June 21, 2023Schenck Price Sponsors Capital Health's Dr. Abraham George Memorial Golf Tournament
- May 18, 2023Katherine A. Gilfillan Presented at the NJASA/NJAPSA 2023 Spring Leadership Conference
- March 27, 2023Katherine A. Gilfillan Presented at the 2023 Women's Leadership Conference
- Sep 29, 2021Roselle and Gilfillan Presented "Handling a Difficult Board Meeting" at County School Board's Associations
- Nov 17, 2019Mergers & Acquisitions for Independent Schools
- Nov 16, 2018Morris County Directors of Special Services Roundtable
- Oct 18, 2017NJICLE 2017 Hot Topics in Special Education
- Feb 22, 2017Special Education Law From A to Z 2017
- Jan 17, 2017Disciplining Employees
- Feb 26, 2014Privacy, Operational and Contractual Concerns of Cloud Computing for School Districts
- June 30, 2023The End of an Era? Supreme Court Invalidates Race-Based College Admissions Programs
- Jan 4, 2021And the Band Played On: Commissioner of Education Affirms Board's Directive to Perform Extracurricular Activities on Holidays
- Mar 22, 2020U.S. Department of Education Issues Additional Guidance on Timelines Under the IDEA
- Aug 15, 2018Daily Recess Period Required for Elementary Students
- Oct 17, 2017For Whom Does the Bell Toll?
- Feb 23, 2017Trump Administration Withdraws Guidance on Transgender Students' Use of Bathrooms
- Oct 11, 2016Proud to Be a Teacher
- Jun 30, 2014New Jersey Levels the Playing Field for Student-Athletes with Disabilities
- December 2, 2024NJIT Center for Pre-College Programs STEM Forum
- March 25, 2024Twenty-Seven Schenck Price Attorneys Named to 2024 Super Lawyers and Rising Stars
- October 25, 2023School Law Practice Group Hosts Annual Reception at 2023 New Jersey School Boards Association Workshop
- August 1, 2023Katherine A. Gilfillan and Joseph R. Haftek, Jr. Elected to Schenck Price Management Committee
- May 11, 20232023 Edition of New Jersey Super Lawyers and Rising Stars Lists Include 30 Schenck Price Attorneys
- March 28, 2023Schenck Price Attends 15th WILL Platinum Gala Hosted by the NJWLA
- Aug 26, 2022Foundation for Morristown Medical Center Golf Classic
- Mar 17, 20222022 Edition of New Jersey Super Lawyers Includes 34 Schenck Price Attorneys
- Nov 17, 2021Superior Court Denies Parent's Request for Hearing on Access to Special Education Records
- Oct 28, 2021Three Partners Named to Irish Legal 100 2021
- Oct 26, 2021New Jersey School Boards Association Virtual Workshop 2021
- Apr 30, 2020Returning from COVID-19: Navigating and Responding to Issues as Schools Go Back to the "New Normal"
- Jan 3, 2020Schenck Price Welcomes Three New Partners into Our Firm: Farah N. Ansari, Katherine A. Gilfillan and Jason J. Waldstein
- October 11, 2024Kate Gilfillan Article
- October 9, 2024When is a High School Diploma Not a High School Diploma?
- Nov 1, 2022Katherine Gilfillan Co-Authors the Article "Preparing for Controversy"
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- Selected to the 2022-2024 New Jersey Super Lawyers®* list, published by Thomson Reuters
- Selected to Morris County's Top Lawyers list (2020-2024)
*No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Click here for awards information and methodology.
Katherine A. GilfillanRated by Super Lawyers
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- Panelist, NJIT Center for Pre-College Programs, December 2, 2024
- Presenter, "AI in the Educational Space," STEM Forum for School Leaders at NJIT, November 14, 2024
- Presenter, "Preparing Legally Defensible IEPs," NJ Association of Learning Consultants, October 24, 2024
- Author, "When is a High School Diploma not a High School Diploma?," October 10, 2024
- Presenter, "Curriculum Controversies: District Prerogatives vs. Parent Rights," NJICLE's 2024 School Law Conference, February 7, 2024
- Author, "The End of an Era? Supreme Court Invalidates Race-Based College Admissions Programs," June 30, 2023
- Presenter, "Preparing for Controversy," NJASA Spring Leadership Conference, May 2023
- Co-author, "Preparing for Controversy," School Administrator, November 2022
- Presenter, "Handling a Difficult Board Meeting," Sussex County School Board's Association, October 6, 2021
- Co-presenter, "No Shot, No School: Legal Aspects of the Vaccination Issue in Schools," New Jersey School Boards Association Virtual Workshop 2021, October 26-28, 2021
- Webinar presenter, "Returning from COVID-19: Navigating and Responding to Issues as Schools Go Back to the 'New Normal,'" April 30, 2020
- Author, "U.S. Department of Education Issues Additional Guidance on Timelines Under the Individuals with Disabilities Education Act," March 22, 2020
- Author, "Coronavirus: The Provision of Special Education Services and Mandated School Closings," March 13, 2020
- Presenter, "Mergers & Acquisitions for Independent Schools" at the New Jersey Association of Independent Schools (NJAIS) Trustee Enrichment Day, at the Morristown-Beard School, November 17, 2019
- Author, "Daily Recess Period Required for Elementary Students," August 15, 2018
- Author, "For Whom Does the Bell Toll?" October 17, 2017
- Hot Topics in Special Education, 2017, 2019, 2022
- Author, "Trump Administration Withdraws Guidance on Transgender Students' Use of Bathrooms," February 23, 2017
- Presenter, "Unraveling Free and Appropriate Public Education (FAPE) Complexities," "Essential Components of a 504 Plan," NBI seminar Special Education Law from A to Z, February 22-23, 2017
- Presenter, "Disciplining Employees," Police Chiefs Sussex County, January 17, 2017
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- New Jersey State Bar Association – Labor & Employment Section; School Law Committee
- Member, Morris County Bar Association
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- Successfully arbitrated the increment withholding of a tenured teacher based upon unprofessional conduct towards colleagues. In the Matter of P.H.
- Defended school board’s affirmative action investigation process. Plummer v. Board of Education of the City of Linden.
- Successfully defended Board of Education against claim of civil rights violation/freedom of speech related to association’s placement of labor signs in the windows and doors of classrooms and hallways of district’s schools during contentious labor negotiations. Parsippany Troy Hills Educ. Assoc. v. Parsippany Troy-Hills Bd of. Ed., 2018 N.J. Super. Unpub. Lexis 1751.
- Secured termination of a long-time municipal construction code official for insubordination and misconduct. In the Matter of Alfred N. Arezzo, City of Hoboken.
- Saved Board of Education upwards of $750,000 in arbitration over opt-out language for health care insurance premium.
- Successfully litigated termination of fire protection sub-code official based upon conflict of interest and insubordination. I/M/O D.P. and Township of North Bergen Dept. of Public Works.
- Obtained dismissal of grievance over “due regard for seniority" language of collectively bargained agreement. In the matter of L.K.
- Successfully defended appeal of Administrative Law Judge’s decision finding that a request for student records was not a cognizable cause of action under New Jersey’s special education regulations thereby eliminating potential for claims of attorney fees. D.O. v. Jackson Twp. Bd. of Educ., 2021 N.J. Super. Unpub. Lexis 1483.
- Obtained decision in favor of in-district programming for student with cognitive and reading disability over parents’ request for continued out-of-district programming. T.A. v. Morris School District Board of Education.
- Gained approval from Administrative Law Judge for 45-day out-of-district placement for student with destructive behaviors. Sparta Township Bd. of Educ. v. R.M. and V.M. o/b/o C.M.
- Maintained long-standing practice of having stipend band directors lead marching bands in Memorial Day performance against Association’s claimed statutory challenge prohibiting the District from requiring teaching staff members to perform duties on any declared public holiday. Parsippany-Troy Hills Educ. Assoc. v. Bd. of Educ. of the Parsippany-Troy Hills School District, OAL Dkt. No. EDU 14555-19.
- Presently litigating New Jersey’s Department of Education’s issuance of a diploma, based upon the student’s performance on the GED examination, and New Jersey’s regulations pertaining to same, as touchstone for student’s eligibility to receive special education and related services under the Individuals with Disabilities Education Act. Successfully defended against request for preliminary injunction to immediately return to school in concurrent litigation pending in Federal court. M.N. v. Sparta Twp. Bd. of Educ., 2022 U.S. Dist. Lexis 202120 and Bd. of Educ. of Sparta v. M.N., 2023 N.J. Super. Unpub. Lexis 787.
*Results may vary depending on your particular facts and legal circumstances.
