Charter school network files First Amendment lawsuit after state blocks AP scores from US News
Success Academy, New York City’s largest charter school network, is pushing back against the New York State Education Department (NYSED) over what it calls a violation of its First Amendment rights.
The charter network filed a federal lawsuit against New York State Education Commissioner Betty A. Rosa, challenging the state’s refusal to authorize the College Board to release Advanced Placement (AP) exam results for New York public schools to U.S. News & World Report for its annual high school rankings.
"There's no question that it's a First Amendment violation because, essentially… a publication right is being prevented from reporting real news," Eric Grannis told Fox News Digital. Grannis is an attorney representing the lawsuit and the husband of Success Academy CEO Eva Moskowitz.
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U.S. News & World Report compiles its nationally recognized high school rankings using academic criteria, including student participation and performance on AP exams.
"Now, it both determines the ranking, and the information is also provided by U.S. News & World Report," Grannis added. "So, you can see how many students participated in AP exams, how many, and how well the students did, and how many exams they took. And this has not been a problem for decades."
"But just this year, Betty Rosa, the commissioner of the New York State Education Department, decided that they would not allow U.S. News & World Report to report on any of these AP grades," he said.
The lawsuit alleges that NYSED’s policy violates the First Amendment by preventing Success Academy from communicating truthful, independently verified information about its students’ academic performance. The network said that U.S. News relies directly on data from the College Board—the organization that administers AP exams—to build its annual school rankings.
Because NYSED declined to authorize the College Board to release 2026 AP scores, U.S. News calculated the advanced course metrics using only International Baccalaureate (IB) data. Because Success Academy offers AP courses rather than IB programs, the network received zero credit for 40% of the ranking's weighted criteria, causing its statewide ranking to crater from 11th to 196th.
"All of this critical information about this incredible success of its students has been suppressed by the New York State Education Department. And so we have brought a First Amendment lawsuit to require the commissioner to allow this data to be made public," Grannis told Fox News Digital.
Success Academy accused NYSED of obscuring data to artificially inflate the rankings of traditional public schools at the expense of high-performing charter schools. The network noted that while less than 25% of high school graduates nationally pass an AP exam, 95% of Success Academy’s 2026 graduating class passed three or more AP exams, with 60% passing seven or more.
Founded in 2006, Success Academy serves over 22,000 predominantly low-income, Black, and Hispanic students across New York City. The network regularly highlights its academic performance against some of the state's wealthiest suburban districts, such as Scarsdale Union Free School District, where fewer than 10% of students are Black or Hispanic and zero percent are categorized as economically disadvantaged.
According to state test scores released for grades 3-8 in 2025, Success Academy ranked No. 1 in New York State for math proficiency with a 96% pass rate. The network also placed second statewide in English Language Arts (ELA) with a 92% pass rate—trailing Scarsdale by just one percentage point.
NYSED has defended its position by citing student data privacy laws, saying that student information should not be commercialized for ranking products. However, Grannis argued that applying commercial restrictions to educational reporting sets a dangerous precedent. He noted that major news outlets like The New York Times and The Washington Post are also commercial entities, but their for-profit status does not diminish their First Amendment protections.
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"If the commissioner had her way... it would strike at the heart of the First Amendment," Grannis said. "It would mean that in theory, she could prohibit anybody from reporting on, say, the average reading scores of New York City school students because that would be, in her view, profiting—having a newspaper article in a for-profit magazine about student data."
Grannis also alleged that NYSED's decisions are heavily influenced by traditional public school interests and teachers unions.
"The Department of Education is particularly highly aligned with the teachers union," Grannis claimed. "The teachers union is adamantly against accountability. They don't like there to be lots of public information getting out there about how well students are doing because it's going to point out that the students at charter schools are generally doing far better than the students at the district schools that are unionized."
Success Academy has a long history of friction with teachers unions, particularly over sharing space in public school buildings, known as co-locations. Charter schools receive public funding on a per-pupil basis, creating financial competition with traditional district public schools.
The United Federation of Teachers (UFT) filed a lawsuit in 2023 seeking to block two Success Academy co-locations in Brooklyn and Queens, arguing in part that the city failed to account for a state-mandated class-size law.
Grannis argued that the state's move to suppress score releases reflects a broader policy stance against standardized metrics.
"They have made this very public for years... they call it 'less testing, more teaching,'" Grannis said. "I think it might be more accurately titled 'less teaching, less accountability,' because essentially it hides the failure of the district schools to obtain results. And you know what governments do when they don't like unfavorable comparisons: they suppress information."
NYSED did not immediately respond to Fox News Digital’s request for comment.