Success Academy Challenges NY State Education Department Over AP Exam Data

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 suit targets Commissioner Betty A. Rosa, alleging a violation of the First Amendment rights regarding the release of Advanced Placement (AP) exam results.

The core of the lawsuit involves NYSED’s refusal to allow the College Board to share AP exam results with U.S. News & World Report. This data helps compile annual high school rankings. Eric Grannis, the attorney representing Success Academy, claims this refusal constitutes a First Amendment breach by preventing the dissemination of truthful information.

Eric Grannis, who is also the spouse of Success Academy CEO Eva Moskowitz, emphasizes the importance of these rankings based on academic performance, including AP exam participation. He argues that this evaluation method remains consistent, although NYSED has recently decided to block the release of these AP scores.

The lawsuit states that U.S. News & World Report requires data from the College Board for its rankings. Since Success Academy students undertake AP courses and not the International Baccalaureate (IB) program, withholding this data impacts its rankings drastically. Success Academy dropped from 11th to 196th after being assessed solely on IB data.

Beyond rankings, Success Academy accuses NYSED of concealing data to favor traditional public school rankings. The charter network notes a significant disparity: 95% of its 2026 graduating class passed three or more AP exams, a stark contrast to national averages where fewer than 25% pass even one.

Founded in 2006, Success Academy serves over 22,000 students, primarily from low-income and minority backgrounds. Despite this, they consistently outperform wealthier districts in state assessments, holding top statewide positions in math and English language arts (ELA).

NYSED cites student privacy concerns as the reason for its stance on data release. Grannis fears that applying such restrictions endangers First Amendment rights, equating educational reporting limits to similar restrictions on mainstream media outlets.

Compounding the issue is the alleged influence of public school interests, including teachers’ unions, on NYSED’s decisions. Grannis suggests these unions resist metrics showing charter school success compared to district schools.

Success Academy has often clashed with teachers’ unions over shared spaces in public school buildings. The United Federation of Teachers (UFT) previously sued to prevent Success Academy’s co-location moves in Brooklyn and Queens.

Grannis argues that suppressing score releases aligns with the state’s policy of deemphasizing standardized testing. He interprets the message as reducing test insights to avoid revealing poor district school performance.

NYSED has yet to respond to media inquiries regarding the lawsuit. Julia Bonavita, a Fox News Digital writer, covers media and culture. For story tips, reach out to her via social media or email.