Timothy E. Gilsbach

Of Counsel

Service and Sector groups

Overview

Timothy represents school districts, charter schools, and intermediate units in education law matters. His practice focuses on special education issues, advising school entities on compliance, policy development, and dispute resolution.

He handles matters involving special education compliance, individualized education program (IEP) meetings, and due process hearings. Timothy represents his clients in administrative proceedings and state and federal litigation, and he advises school entities on policies and practices designed to avoid disputes. He also counsels public and private employers on issues such as accommodations under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, as well as matters involving the use of medical marijuana in schools and workplaces.

Timothy also regularly attends school board meetings, where he provides legal guidance on board governance, and has represented school districts in litigation related to board governance.

Before joining the firm, Timothy served education and litigation clients at a law firm in Southeastern Pennsylvania. He also practiced as a senior associate at a Pennsylvania law firm and previously worked as an associate at a firm in Harrisburg, Pennsylvania. During law school, he served as a law clerk to the Honorable J. Wesley Oler Jr. of the Cumberland County Court of Common Pleas and at a small law firm in Harrisburg.

Timothy frequently speaks and writes on education law issues, including special education law and the use of medical marijuana in schools and workplaces. He has presented at national, statewide, and local conferences, including programs for the Pennsylvania Bar Institute, National Business Institute, and Pennsylvania School Boards Association Solicitors Association. He regularly conducts in-house workshops for school districts and charter schools.

  • School district: Successfully defended client against an alleged violation of the Pennsylvania Sunshine Act before the Pennsylvania Supreme Court.
  • School district: Defended client against a multi-year child-find claim, resulting in a full district victory.
  • Multi-year denial of FAPE claim: Negotiated a settlement to less than 10% of opening demand from Plaintiffs.
  • PDE age-out requirement: Member of legal team that prevailed in challenge to new PDE age-out requirement.
  • FAPE claim: Prevailed in a multi-year clean of denial of a FAPE claim.
  • School district: Successfully defended client in claim that District improperly exited a student from special education services.
  • School district mask policy: Member of legal team that successfully defended against a challenge to school district mask policy.
  • IDEA matter: Defeated a claim for legal fees in IDEA matter based upon a demand for educational records.
  • Pennsylvania State University Dickinson School of Law, J.D.
  • Messiah College, B.A., political science
  • Pennsylvania
  • New Jersey
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the District of New Jersey
  • Super Lawyers, 2017, 2018, 2019, 2020, 2022
  • Outstanding Faculty Award, National Business Institute, 2022
  • Leadership Lehigh Valley, 2019
  • 250 Cannabis Law Experts, DataBird, 2018
  • Super Lawyers Rising Star, 2012, 2013, 2014
  • Pennsylvania Bar Association
    • Legal Services for Exceptional Children Committee
    • Medical Marijuana and Hemp Law Committee
  • Pennsylvania School Board Solicitors Association
    • Special Education Committee, co-chair
    • Previous regional director
  • National School Board Association Council of School Attorneys, previous member
  • Northern Lehigh Little Theatre Association, previous member
    • Previous secretary
  • Saint John Neumann Regional School Advisory Board, previous member
    • Previous vice president
  • Co-Author, Pennsylvania Special Education Law National Business Institute (Apr. 2026)
  • Quoted, “Take GPS approach to track IEP goals” SPECIAL ED CONNECTION (Dec. 9, 2025)
  • Quoted, “Don’t confuse parent participation with parents’ request to be present during evaluation” SPECIAL ED CONNECTION (Oct. 28, 2025)
  • Co-Author, Pennsylvania IEP and 504 Plan Legal Workshop National Business Institute (Oct. 2025)
  • Quoted, “Whitehall school board reviews policy updates on misconduct, speech and tobacco” Lehigh Valley News Online (Sept. 23, 2025)
  • Quoted, “Good grades don’t preclude student’s possible need for 504 plan” SPECIAL ED CONNECTION (Oct. 17, 2024)
  • Author, “Employees Self-Medicating with Adult Use Marijuana Creates Pitfalls for Employers and Employees” CANNABIS LAW JOURNAL (May 2024)
  • Quoted, “Enlighten staff about what marijuana classification change may mean for districts” SPECIAL ED CONNECTION (May 21, 2024)
  • Co-Author, FAPE Compliance 2024: How to Develop and Implement IEPs National Business Institute (Feb. 2024)
  • Quoted, “Get dose of clarity on what counts as illegal drug, merits 45-day removal” SPECIAL ED CONNECTION (Feb. 5, 2024)
  • Author, “Employee Issues & Conflict Resolution” LEGAL RESOURCE FOR SCHOOL HEALTH SERVICES 2ND ED. (2023)
  • Author, “Accident and Injury Reporting” LEGAL RESOURCE FOR SCHOOL HEALTH SERVICES 2ND ED. (2023)
  • Co-Author, “IEP and 504 Plan Legal Workshop (Wyoming)” National Business Institute (Dec. 2023)
  • Quoted, “Resist making assumptions about transfer students’ placements” SPECIAL ED CONNECTION (Sept. 6, 2023)
  • Co-Author, “‘The Room Where It Happened’: Attorney Participation in Mediation and IEP Meetings” Exceptional Children Conference 2022 Pennsylvania Bar Institute (Oct. 2022)
  • Author, School Law Update 2022: What You Need to Know Now National Business Institute (Sept. 2022)
  • Co-Author, “504 Plans: Eligibility, Development, and Implementation in Pennsylvania” National Business Institute (Aug. 2022)
  • Author, “Special Education Law: 504 Plans From Start to Finish” National Business Institute (Aug. 2022)
  • Quoted, “Districts can optimize IEP progress monitoring using these 4 strategies” SPECIAL ED CONNECTION (Jul. 8, 2022)
  • Co-Author, “504 Plans: Eligibility, Development, and Implementation in Delaware” National Business Institute (May 2022)
  • Co-Author, FAPE Compliance 2022: How to Develop and Implement IEPs National Business Institute (May 2022)
  • Quoted, “4 tips to clearly define, provide comparable services for transfer students” SPECIAL ED CONNECTION (Apr. 19, 2022)
  • Quoted, “Provide timely services when an episodic disability surfaces” SPECIAL ED CONNECTION (Jan. 31, 2022)
  • Co-Author, IEP and 504 Plan Legal Workshop (Wyoming) National Business Institute (Dec. 2021)
  • Quoted, “Dig into state law, accommodations when parents request medical marijuana in IEP” SPECIAL ED CONNECTION (Nov. 10, 2021)
  • Quoted, “Thousands of Pennsylvania students request mask exemptions” Associated Press (Sept. 17, 2021)
  • Quoted, “Consider the whole student in medical, educational necessity decisions” SPECIAL ED CONNECTION (Sept. 16, 2021)
  • Co-Author, “Covid Caselaw Roundup: Past and Emerging Issues” Snapshots of Special Education Law Pennsylvania Bar Institute (Aug. 2021)
  • Co-Author, “IEP and 504 Plan Legal Workshop (Colorado)” National Business Institute (Mar. 2021)
  • Quoted, “What latest legal action surrounding medical marijuana on school grounds means for you” SPECIAL ED CONNECTION (Jan. 6, 2021)
  • Author, “Special Education Update: COVID-19 Implications” National Business Institute (Nov. 2020)
  • Co-Author, “Negotiating Settlement Agreements During Difficult Economic Times” Exceptional Children’s Conference 2020, Pennsylvania Bar Institute (Oct. 2020)
  • Author, The Statute of Limitations Under the IDEA: It Is Time for a Congressional Fix, 91 THE PENNSYLVANIA BAR ASSOCIATION QUARTERLY 87 (Jul. 2020)
  • Author, IEP’s and FAPE: Handling Issues That Arise With Expanded Definitions National Business Institute (Mar. 2020)
  • Author, Staying out of the Legal Weeds when it comes to Medical Marijuana, THE PENNSYLVANIA ADMINISTRATOR (Winter 2020)
  • Quoted, Timely serve students in foster care who transfer into your district SPECIAL ED CONNECTION (Feb. 6, 2020)
  • Co-Author, “Special Education Law: The Ultimate Guide” National Business Institute (Feb. 2020)
  • Co-Author, “IEP’s and 504 Plans: A Legal Compliance Guide” National Business Institute (Dec. 2019)
  • Author, How to Stay Out of the Weeds When Addressing Employee Use of Medical Marijuana DATABIRD BUSINESS JOURNAL (June 12, 2019)
  • Quoted, “Medical Marijuana on School Grounds: Know what is Trending” SPECIAL ED CONNECTION (May 8, 2019)
  • Co-Author, “IEP and 504 Plan Legal Workshop” National Business Institute (Mar. 2019)
  • Quoted, Pennsylvania school districts struggle with rules for administering medical marijuana THE MORNING CALL (Jan. 2, 2019)
  • Author, “Guidance from the Courts on Medical Marijuana Hits a Little Closer to Home” King Spry Eastern Pennsylvania Employment Blog (Jan. 2, 2019)
  • Co-Author, “School Law: Handling Mental Health Issues” National Business Institute (Dec. 2018)
  • Author, “Medical Marijuana” Exceptional Children Conference 2018, Pennsylvania Bar Institute (Oct. 2018)
  • Quoted, “Take these 5 steps when faced with a request to allow medical marijuana in your district” SPECIAL ED CONNECTION (Sept 5, 2018)
  • Quoted, “What you need to know about medical marijuana at school” SPECIAL ED CONNECTION (Sept 5, 2018)
  • Author, FERPA: A COMPLIANCE GUIDE TO EDUCATIONAL PRIVACY IN THE DIGITAL AGE (2018)
  • Co-Author, “Applying Special Education Law to Everyday Issues – An Interactive Workshop” National Business Institute (June 2018)
  • Co-Author, “Special Education 201” School Law, Pennsylvania Bar Institute (June 2018)
  • Co-Author, “The Aftermath of Endrew F.: The Progeny in the Lower Courts” The IDEA and Section 504: Special Intersections and New Directions, Lehigh University (May 2018)
  • Quoted, Can my Special Needs Student be Suspended or Expelled SUPER LAWYERS (Mar. 26, 2018)
  • Quoted, Brighter IDEA: The Supreme Court has clarified the standard of free, appropriate public education SUPER LAWYERS (Mar. 21, 2018)
  • Quoted, “Practitioners Share Thoughts on Other Significant Cases” SPECIAL ED CONNECTION (Dec. 12, 2017)
  • Co-Author, IEP and 504 Plan Legal Workshop National Business Institute (Dec. 2017)
  • Co-Author, “Endrew F. and Fry – A Review of the Supreme Court’s 2017 Special Education Rulings” Exceptional Children Conference 2017, Pennsylvania Bar Institute (Oct. 2017)
  • Author, “Employee Issues & Conflict Resolution” LEGAL RESOURCE FOR SCHOOL HEALTH SERVICES (2017)
  • Author, “Accident and Injury Reporting” LEGAL RESOURCE FOR SCHOOL HEALTH SERVICES (2017)
  • Author, “The Medical Marijuana Conundrum for Schools – State Medical Marijuana Laws, Section 504 and the Controlled Substances Act” CANNABIS LAW JOURNAL (Jun. 2017)
  • Quoted, “Level playing field for students with dysgraphia” SPECIAL ED. CONNECTION (Mar. 9 2017)
  • Co-Author, “Special Education Law from A to Z”, National Business Institute (Oct. 2016)
  • Quoted, “It’s Complicated – Legalization of medical marijuana could put employers, drug testing on defensive” LEHIGH VALLEY BUSINESS HEALTH CARE UPDATE (2016)
  • Co-Author, “L. v. Ligonier – Where do things Stand One Year Later?” Exceptional Children Conference 2016, Pennsylvania Bar Institute (Oct. 2016)
  • Author, “Don’t want the government in your school? Just say no” PENNLIVE (Sept. 15, 2016)
  • Quoted, “Offer to evaluate even when health plan meets student’s medical needs” SPECIAL ED. CONNECTION (Jun. 27, 2016)
  • Author, “Marijuana law creates potential ADA pitfalls for employers” LEHIGH VALLEY BUSINESS (May 16, 2016)
  • Author, Special Education Due Process Hearing Requests under IDEA: A Hearing Should Not Always be Required 2015 BYU EDUC. & L.J. 187 (2015)
  • “Pennsylvania Special Education Law” National Business Institute Webinar (Apr. 2026)
  • “Accommodating Students with Medical Needs: Key Concepts for Legal Compliance” EdLaw Interactive, Bethlehem, PA (Feb. 2026)
  • “Pennsylvania IEP and 504 Plan Legal Workshop” National Business Institute Webinar (Oct. 2025)
  • “Changes to Residency Provision of School Code” Pennsylvania Association of Intermediate Units Webinar (Sept 2024)
  • “Medical Marijuana and School Employees” 38th Annual PASPA Conference, Altoona, PA (Mar. 2024)
  • “FAPE Compliance 2024: How to Develop and Implement IEPs” National Business Institute Webinar (Feb. 2024)
  • “IEP and 504 Plan Workshop” National Business Institute Webinar (Wyoming) (Dec. 2023)
  • “HR Issues Related to Medical Marijuana in Schools” Montgomery County Intermediate Unit, Norristown, PA (Oct. 2022)
  • “‘The Room Where It Happened’: Attorney Participation in Mediation and IEP Meetings” Exceptional Children Conference 2022, Mechanicsburg, PA (Oct. 2022)
  • “School Law Update 2022: What You Need to Know Now” National Business Institute Webinar (Sept. 2022)
  • “504 Plans: Eligibility, Development, and Implementation in Pennsylvania” National Business Institute Webinar (Aug. 2022)
  • “Special Education Law: 504 Plans From Start to Finish” National Business Institute Webinar (Aug. 2022)
  • “504 Plans: Eligibility, Development, and Implementation in Delaware” National Business Institute Webinar (May 2022)
  • “FAPE Compliance 2022: How to Develop and Implement IEPs” National Business Institute Webinar (Apr. 2022)
  • “IEP and 504 Plan Workshop” National Business Institute Webinar (Wyoming) (Dec. 2021)
  • “COVID-19 Case Law Roundup and Emerging Issue” Snapshots in Special Education 2021, PBI Webinar (Aug. 2021)
  • “Virtual, hybrid and in-person instruction: What every solicitor needs to know about special education” PSBA Webinar (Mar. 2021)
  • “IEP and 504 Plan Legal Workshop” National Business Institute Webinar (Colorado) (Mar. 2021)
  • “Special Education Update: COVID-19 Implications” National Business Institute Webinar (Nov. 2020)
  • “Title IX Panel” PBI School Law Update 2020, Webinar (Nov. 2020)
  • “Negotiating Settlement Agreements During Difficult Economic Times” 25th Annual Exceptional Children’s Conference, PBI Webinar (Oct. 2020)
  • “What Should You Know About Special Education for this School Year?” PASA-PSBA School Leadership Conference 2020, Webinar (Oct. 2020)
  • “Coronavirus: Special Education Challenges” National Business Institute Webinar (Apr. 2020)
  • “IEPs and FAPE: Handling Issues That Arise With Expanded Definitions” National Business Institute Webinar (Mar. 2020)
  • “A Legal Look at Special Education from Both Sides of the Fence” The ARC of Lehigh and Northampton Counties, Bethlehem, PA (Feb. 2020)
  • “Special Education Law: The Ultimate Guide” National Business Institute, Scranton, PA (Feb. 2020)
  • “IEP’s and 504 Plans: A Legal Compliance Guide” National Business Institute, Harrisburg, PA (Dec. 2019)
  • “IEP’s and 504 Plans: A Legal Compliance Guide” National Business Institute, Toms River, NJ (Dec. 2019)
  • “Thou Shall Not DIBBEL – Responding to Requests for Religious Accommodation in School Curriculum” COSA Webinar (Nov. 2019)
  • “PA Medical Marijuana Act: The “Roll Out” and What the Future Holds” 2019 Delaware Valley Legal Expo & CLE Symposium, King of Prussia, PA (Nov. 2019)
  • “Medical Marijuana in Pennsylvania – Review of the First Two Years” 2019 Monroe County Bench Bar Conference, Tannersville, PA (Sept. 2019)
  • “Employee Health Issues” Lehigh Valley Charter School Consortium, Bethlehem, PA (Sept. 2019)

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