Kate Gilfillan has concentrated her practice in the area of school law and public sector law. Ms. Gilfillan represents numerous school districts in all areas of labor and employment law, special education law, residency, teacher and student discipline, contract preparation, public contracting, FMLA/FLA issues and other student matters. In addition to assisting with internal investigations, Ms. Gilfillan regularly appears in the Office of Administrative Law for Civil Service and Education matters as well as the Office of Civil Rights/U.S. Department of Education, Division of Civil Rights, the Equal Employment Opportunity Commission, the Commissioner of Education, and state and federal courts.
Ms. Gilfillan supplements her court based advocacy with in-service training and policy and practice review to assist her clients in avoiding litigation. She regularly provides training in the areas of Individual Education Program (IEP) development; IDEA compliance, cyber-bullying and sexual harassment; teacher and student discipline, and American with Disabilities Act/504 compliance.
Areas of Concentration
School law and administration including board operational issues, school and municipal employee performance and discipline issues, employment discrimination, IDEA, Open Public Records and Open Public Meetings Act, family leave, employee accommodations, administration of collective bargaining agreements, layoffs, and tenure/seniority matters.
- Obtained significant order of tuition from guardians of non-resident students. L.B. o/b/o J.K.B., L.B. and J.B. v. Linden Board of Education
- Successfully arbitrated the increment withholding of a tenure teacher based upon unprofessional behavior towards colleagues. In the Matter of P.H.
- Successfully defended school board’s affirmative action investigation process. Plummer v. Board of Education of the City of Linden
- Attained dismissal of petition for emergent relief requesting ESY services. M.H. and B.H. o/b/o G.H. v. Jackson Township Board of Education
- Secured termination of municipal construction code official for insubordination and misconduct. In the Matter of Alfred N. Arezzo, City of Hoboken.
- Successfully defended various school districts in Office of Civil Rights investigations