Ogunleye v. Banks — 2d Cir. (argued September 10, 2026)

No. 25-1994 Argued September 10, 2026 Published September 11, 2026

The Second Circuit reviews whether a New York City public school could carry out a student's individualized education program, or IEP. The plan called for thirty-five class periods and nineteen hours of sixty-minute therapy and other related-service sessions each week. An impartial hearing officer, or IHO, said the schedule was impossible; a state review officer, or SRO, reversed, and the district court agreed. The parent says not every service can fit. The city says most can occur “push-in”—inside the classroom during instruction. A separate class-size issue invokes Cruz v. Banks, which requires the Committee on Special Education, or CSE, to choose the regulatory option best suited to the student.

Ogunleye v. Banks (No. 25-1994) — U.S. Court of Appeals for the Second Circuit, argued September 10, 2026.

Sources

Argument audio — U.S. Court of Appeals for the Second Circuit (public domain, 17 U.S.C. § 105):https://ww3.ca2.uscourts.gov/audio/25-1994.mp3

Argument listing — U.S. Court of Appeals for the Second Circuit:https://ww3.ca2.uscourts.gov/oral_arguments.html

State Review Officer Decision 23-073 — New York State Education Department:https://www.sro.nysed.gov/decision/2023/23-073

District court memorandum opinion — Justia court filing:https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2023cv09524/609298/36/

Appellate docket and counsel — Justia:https://dockets.justia.com/docket/circuit-courts/ca2/25-1994

Cruz v. Banks — New York Court of Appeals:https://www.nycourts.gov/ctapps/Decisions/2026/Feb26/1opn26-Decision.pdf

20 U.S.C. § 1414 — Office of the Law Revision Counsel:https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1414&num=0&edition=prelim

0:00Introduction
1:40Advocate — Rory Bellantoni
12:04Advocate — Hannah Sarokin