Success Academy, the largest charter school network in New York City, has filed a lawsuit against the New York State Education Department (NYSED). The lawsuit challenges the state’s refusal to allow the College Board to release Advanced Placement (AP) exam results to U.S. News & World Report for its high school rankings. Success Academy claims this refusal violates their First Amendment rights.
Eric Grannis, an attorney representing the network, stated that preventing the reporting of this data is a First Amendment violation. He emphasized that the rankings are based on academic criteria such as student participation and performance on AP exams. This data is crucial for the rankings, and its omission greatly affects school standings.
“There’s no question that it’s a First Amendment violation because, essentially, a publication right is being prevented from reporting real news,” Grannis told Fox News Digital.
The lawsuit argues that because NYSED did not authorize the College Board to release the 2026 AP scores, U.S. News had to rely solely on International Baccalaureate (IB) data, adversely affecting Success Academy’s rankings. This resulted in the network dropping from 11th to 196th in the state rankings, as Success Academy offers AP courses, not IB programs.
Success Academy charges that NYSED’s policy aims to obscure the performance of charter schools to inflate rankings of traditional public schools. They highlight that while national data show less than 25% of high school graduates pass an AP exam, 95% of Success Academy’s 2026 graduating class passed three or more AP exams.
Founded in 2006, Success Academy serves over 22,000 students, mostly from low-income, Black, and Hispanic backgrounds. It ranks highly in math and English Language Arts statewide, competing with wealthy districts like Scarsdale, where student demographics differ significantly.
NYSED defends its stance by citing privacy laws, asserting that student information should not be commercialized. Grannis argues that this sets a dangerous precedent, equating educational reporting restrictions to limiting news outlets like The New York Times from publishing critical data.
“If the commissioner had her way, it would strike at the heart of the First Amendment,” Grannis warned.
The lawsuit suggests that NYSED’s actions are influenced by public school interests and teachers unions, which often resist accountability measures such as standardized testing metrics. Success Academy has historically clashed with teachers unions, particularly regarding shared spaces in public school buildings.
The United Federation of Teachers recently filed a lawsuit to block two Success Academy locations, highlighting ongoing tensions over public funding and educational space. Grannis claims the suppression of AP scores reflects a policy shift against standardized testing, which he critiques as deceptive.