Success Academy Sues NY Education Department Over AP Exam Data Dispute

Success Academy, the largest charter school network in New York City, is challenging the New York State Education Department (NYSED) in court. The dispute concerns what the academy describes as a violation of its First Amendment rights.

The network has filed a federal lawsuit against New York State Education Commissioner Betty A. Rosa. The lawsuit argues that the state’s decision not to authorize the release of Advanced Placement (AP) exam results to U.S. News & World Report compromises the school’s rankings.

“There’s no question that it’s a First Amendment violation because, essentially, a publication right is being prevented from reporting real news,” said Eric Grannis, the attorney representing Success Academy.

Grannis, the husband of Success Academy CEO Eva Moskowitz, explains that U.S. News & World Report bases its high school rankings on various academic criteria, including AP exam performance. This information is crucial for ranking schools nationwide.

This year, NYSED stopped the release of AP results, impacting the criteria for school rankings. The department’s decision led to Success Academy’s significant drop in state rankings, falling from 11th to 196th.

The lawsuit argues that NYSED’s actions violate the First Amendment by restricting access to independently verified information about academic performance. Success Academy maintains the blockage benefits traditional public schools over charter schools like theirs.

The network points out that while only about 25% of high schoolers nationwide pass an AP exam, 95% of its class of 2026 passed three or more AP exams, with 60% passing seven or more. Founded in 2006, Success Academy educates over 22,000 students, serving mostly low-income and minority communities.

Data from state tests for grades 3-8 in 2025 show Success Academy at the top for math proficiency in New York State and second in English Language Arts.

NYSED defends its stance by citing student data privacy laws. The department argues against commercializing student data for ranking purposes. Grannis insists that such restrictions challenge the foundations of the First Amendment.

Grannis believes the NYSED’s decision is influenced by traditional public school interests and teachers unions. Charter schools like Success Academy often clash with these unions, notably over the shared use of public facilities.

In 2023, the United Federation of Teachers filed a lawsuit against Success Academy for planning school co-locations in Brooklyn and Queens. The union cited a city oversight regarding state class-size regulations.

Grannis indicates the state’s actions reflect an overarching policy against standardized testing and accountability. He claims such policies conceal the shortcomings of district schools.