Cornett v. Banks: Date Argued: February 13th, 2026; Docket Number: 25-830

Case Summary:In the case of Cornett v. Banks (Docket No. 25-830), which was argued before the U.S. Court of Appeals for the Second Circuit on February 13, 2026, the relevant facts are as follows:The litigation was initiated by the parents of J.B., a student with multiple severe disabilities including traumatic brain injury and cerebral palsy, against the New York City Department of Education (DOE) and its Chancellor.The plaintiffs allege that the DOE failed to provide J.B. with a Free and Appropriate Public Education (FAPE) for the 2022–2023 school year as required by the Individuals with Disabilities Education Act (IDEA).A central factual dispute in the record is the appropriateness of the Individualized Education Program (IEP) developed by the DOE, which recommended placing the student in a specialized public school (P.S. Q256).The parents rejected the public placement and unilaterally enrolled J.B. in iBRAIN, a private school specializing in brain injuries, and subsequently sought tuition reimbursement from the city.In the initial administrative hearing, an Impartial Hearing Officer (IHO) found that the DOE failed to provide a FAPE because the proposed public school could not actually implement the specific medical and educational supports required by J.B.’s IEP.However, a State Review Officer (SRO) later reversed that decision, concluding that the IHO’s findings regarding the public school's inability to implement the IEP were "impermissibly speculative."In early 2025, a federal district court granted summary judgment in favor of the DOE, upholding the SRO's determination that a FAPE had been offered and denying the parents' claim for tuition reimbursement.The current appeal, docketed as 25-830, challenges that ruling, with the plaintiffs arguing that the district court failed to give due weight to the factual evidence regarding the public school's lack of necessary medical facilities and trained staff.During the oral arguments on February 13, 2026, the Second Circuit panel examined whether the DOE is required to prove a school's capacity to implement an IEP before a student actually attends, or if such challenges remain premature until a failure to implement occurs.