Success Academy, the largest charter school network in New York City, has filed a federal lawsuit against the New York State Education Department (NYSED). The network claims that the State’s refusal to authorize the release of Advanced Placement (AP) exam results to U.S. News & World Report infringes on its First Amendment rights.
First Amendment Violation
The lawsuit challenges New York State Education Commissioner Betty A. Rosa’s decision not to allow the College Board to release AP exam scores for New York public schools to U.S. News for its annual high school rankings. Eric Grannis, attorney for the lawsuit, asserts that this decision prevents the reporting of truthful news.
Impact on School Rankings
U.S. News & World Report incorporates AP exam participation and performance as essential criteria in its rankings. Due to the NYSED’s refusal to release 2026 AP results, Success Academy received zero credit for 40% of the weighted criteria, causing its ranking to fall significantly from 11th to 196th statewide. Success Academy offers AP courses but not International Baccalaureate (IB) programs, which were used for the ranking this year.
Success Academy’s Performance
Despite the ranking issue, Success Academy boasts impressive results. 95% of its 2026 graduates passed at least three AP exams, with 60% passing seven or more. The network serves over 22,000 predominantly low-income, Black, and Hispanic students in New York City and consistently outperforms many affluent districts.
Legal and Political Implications
NYSED defends its policy citing student data privacy, claiming student information should not be used commercially. Grannis argues this sets a dangerous precedent, equating educational reporting with major news outlets’ for-profit activities. He also suggests NYSED’s policies favor traditional public school interests and teachers unions, which historically oppose accountability and competition from charter schools.
Challenges with Unions and Co-Locations
Success Academy frequently clashes with teachers unions over co-locations in public school buildings. A lawsuit from the United Federation of Teachers seeks to prevent Success Academy from operating in certain public school spaces in Brooklyn and Queens. The union challenges claim the city has not complied with class-size regulations.
The outcome of this lawsuit may influence future policies on data transparency and the performance comparison of different types of schools.
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