Charter school network files First Amendment lawsuit after state blocks AP scores from US News

NY Charter Network Sues State Over Suppressed AP Test Scores, Citing First Amendment Violation

A New York City charter school system has filed a federal lawsuit against the state’s Education Department, arguing that a decision to withhold Advanced Placement (AP) exam results from a national ranking outlet violates the First Amendment. The suit, brought by Success Academy’s attorney Eric Grannis, claims that the policy not only silences a legitimate reporting outlet but also unfairly disadvantages charter schools in the U.S. News & World Report’s annual high‑school rankings.

The Case at a Glance

• Who: Success Academy, the largest charter network in New York City, and its legal counsel, Eric Grannis, who is also the husband of CEO Eva Moskowitz.
• What: A federal lawsuit alleging that New York State’s Education Department (NYSED) violated the First Amendment by preventing the College Board from releasing 2026 AP exam results for state schools to U.S. News & World Report.
• When: The lawsuit was filed shortly after NYSED declined to authorize the release of the 2026 AP scores.
• Where: New York State, with a focus on NYC charter schools.
• Why: Success Academy says the suppression of AP data has caused its ranking to drop from 11th to 196th statewide, because the ranking algorithm could only rely on International Baccalaureate (IB) data, which its schools do not use.
• Direct Quotes:
  • “There’s no question that it’s a First Amendment violation because, essentially… a publication right is being prevented from reporting real news,” said Grannis.
  • “All of this critical information about this incredible success of its students has been suppressed by the New York State Education Department.”
  • “If the commissioner had her way, it would strike at the heart of the First Amendment.”

NYSED’s policy is grounded in student data‑privacy laws, which the department says prohibit the commercial release of individual student performance. The lawsuit counters that the data in question is aggregated and that the commercial nature of U.S. News & World Report does not diminish First‑Amendment protections.

Success Academy’s Performance Profile

Founded in 2006, Success Academy serves more than 22,000 students—primarily low‑income, Black, and Hispanic—across the city. Recent state test data show the network leading the state in math proficiency (96% pass rate) and placing second in English Language Arts (92% pass rate), just one percentage point behind the affluent Scarsdale Union Free School District.

AP exam results, however, reveal an even sharper contrast. According to Success Academy, 95% of its 2026 graduating class passed three or more AP exams, and 60% passed seven or more. In contrast, fewer than 25% of high‑school graduates nationwide meet the three‑exam threshold. The suppression of this data has, according to the network, robbed it of credit in a key portion of U.S. News’s ranking calculation.

How the Ranking System Works

U.S. News & World Report compiles its high‑school rankings using a mix of academic criteria, including student participation and performance on AP exams. For 2026, the College Board was supposed to provide AP score data. NYSED’s refusal forced the ranking organization to rely exclusively on IB data—available only for schools that offer the IB program. Because Success Academy does not run IB courses, the network effectively earned zero points for roughly 40% of the ranking’s weighted criteria, slashing its statewide position from the top 15 to 196th.

NYSED’s Defense

NYSED cites student‑privacy statutes that, the department says, forbid the release of performance data for commercial or ranking purposes. The department has not yet commented publicly on the lawsuit, but its stance reflects a broader policy trend in New York that emphasizes “less testing, more teaching,” according to critics.

Allegations of Bias and Union Influence

Grannis has pointed to a perceived bias in NYSED’s decision‑making, suggesting the department is heavily influenced by teachers unions. He noted that the United Federation of Teachers (UFT) filed a lawsuit in 2023 seeking to block two Success Academy co‑locations in Brooklyn and Queens, arguing that the city did not meet state‑mandated class‑size regulations. Grannis argues that such actions, combined with the data‑suppression move, signal an agenda to keep public schools—many of which are unionized—out of favorable comparison with high‑performing charter schools.

“The Department of Education is particularly highly aligned with the teachers union,” Grannis said. “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 would point out that the students at charter schools are generally doing far better than the students at the district schools that are unionized.”

The Broader Charter‑Public School Divide

Success Academy’s friction with public schools is long‑standing. Charter schools receive public funding on a per‑pupil basis, creating direct financial competition with traditional district schools. The network has repeatedly highlighted its academic successes alongside those of wealthy suburban districts, drawing attention to disparities in student demographics and resources.

The current lawsuit fits into a broader debate over transparency, accountability, and the role of standardized testing in evaluating school performance. While proponents of the ranking system argue that AP data provides an objective measure of academic rigor, critics claim that relying on a single assessment type disadvantages schools that offer different pathways, such as IB or dual‑language programs.

Next Steps

Success Academy’s lawsuit will now proceed through the federal court system. If the court sides with the network, NYSED could be compelled to release AP data and allow U.S. News to incorporate it into its rankings. Conversely, a ruling in favor of NYSED could reinforce the department’s stance that student data privacy overrides commercial reporting interests.

The case also underscores the ongoing tension between charter schools and the state education system—a clash that extends beyond rankings to funding, space allocation, and the broader philosophy of school accountability. For now, the students of Success Academy—and the students of the state as a whole—watch closely as the legal battle over the right to publish academic results unfolds.