Jenn Herlihy, who served as interim director of special education at Scarsdale Public Schools before taking the same role at Yonkers Public Schools, has filed a federal lawsuit alleging she was fired for blowing the whistle on hundreds of unfinalized IEPs and students denied legally required services, the Yonkers Times reported on Aug. 13.
Herlihy started at Yonkers on Dec. 19, 2024. By March 2025, she was on administrative leave. By May, she was terminated.
In the lawsuit, Herlihy alleges she discovered "serious, widespread, and systemic special education non-compliance" at Yonkers, a district with roughly 6,000 special education students out of 24,825 total enrollment. Her allegations include students waiting for initial evaluations well past the 60-day timeline required under New York State Education Department regulations, hundreds of Individualized Education Programs left unfinished for months, and some IEPs from the prior school year still not finalized.
She reported her concerns to human resources, the city's legal counsel assigned to the special education department and her supervisor. She received no write-up, reprimand or improvement plan before being placed on leave.
"My mistake was making complaints to Human Resources ... and for refusing to bury my head in the sand and lie to parents and the community," Herlihy wrote on her Facebook page announcing the lawsuit. "I was called a troublemaker."
Yonkers Public Schools has not publicly responded to the allegations.
What local families should know
The federal Individuals with Disabilities Education Act requires every eligible student to receive a Free Appropriate Public Education, known as FAPE. That guarantee applies identically in Scarsdale, Bronxville and Eastchester. Under state rules, districts must complete initial evaluations within 60 calendar days of receiving parental consent and arrange services within 60 school days.
New York's federal IDEA compliance rating dropped in the 2026 determination cycle, according to the Advocacy Institute. Herlihy's tenure at Scarsdale gives local families a direct connection to her expertise and the compliance framework she is now challenging in court.
Free podcast launching next week
Herlihy announced she will launch a podcast and Instagram account called "No, IDEA," a double reference to the federal law and to parents feeling lost in the system. The launch is expected the week of Aug. 20.
She said the show will cover alleged violations, share stories from parents waiting on evaluations or annual reviews, and offer free advocacy tips. She is also offering free advocacy services to parents of Yonkers special education students through her Facebook page.
Parents in any New York district who suspect their child's evaluation or IEP is overdue can request a timeline update in writing from their district's Committee on Special Education. The 60-day evaluation clock starts when the district receives signed parental consent.
