Success Academy, the largest charter school network in New York City, has taken legal action against the New York State Education Department (NYSED). The network claims its First Amendment rights are being violated. The dispute centers on the state’s refusal to allow the College Board to release Advanced Placement (AP) exam results to U.S. News & World Report.

Legal Challenge

The lawsuit targets New York State Education Commissioner Betty A. Rosa. It argues that barring the College Board from sharing AP results impedes the publication of factual information about school performance. Eric Grannis, the attorney representing Success Academy, emphasized this point. He stated that preventing the publication of true academic performance is a clear violation of free speech.

Success Academy’s CEO, Eva Moskowitz, highlighted issues within the education system. Moskowitz criticized the handling of student data and its impact on rankings. The information from AP exams is crucial for U.S. News & World Report’s annual rankings. This year, however, the publication used International Baccalaureate (IB) data to rank schools. This change negatively affected Success Academy, lowering its rank from 11th to 196th statewide.

Impact on Success Academy

The AP exam results are pivotal for measuring student achievement. Success Academy reports that 95% of its 2026 graduating class passed three or more AP exams. These numbers starkly contrast with national averages. The charter network argues the state’s policy obscures such achievements to the detriment of its students.

Founded in 2006, Success Academy educates over 22,000 students, predominantly from low-income and minority backgrounds. Despite obstacles, the network outperforms many affluent districts in academic rankings. Success Academy recently recorded a 96% math proficiency rate and ranked second in English Language Arts statewide.

State’s Response and Broader Implications

The NYSED defends its stance by citing student data privacy concerns. The department argues that academic data should not be commercialized in ways that benefit ranking agencies. However, Grannis warns that this reasoning could lead to dangerous precedence. He asserts that educational reporting is vital, much like any news reporting by profit-driven entities.

Grannis also points to political motivations behind the NYSED’s policy. He believes the department’s alignment with teachers unions influences its decisions. The unions, he claims, oppose transparency that could highlight charter schools’ superior performance.

Charter School Challenges

Charter schools in New York face unique challenges, especially with teachers unions. Success Academy has experienced conflicts over shared public school spaces, reflecting ongoing tension over educational resource allocation. The United Federation of Teachers (UFT) has previously contested co-location arrangements with Success Academy.

Grannis concludes that the suppression of student performance data reflects a broader effort to dodge accountability. He criticizes the state’s approach, labeling it as avoiding necessary teaching assessments and the transparency that such assessments bring.

NYSED has not responded to requests for comments regarding the lawsuit. The outcome of this legal challenge could influence how educational data is handled and reported in the future.