Zero credit on 40% of US News's weighted ranking criteria sent Success Academy's statewide high school rank from 11th to 196th. New York City's largest charter school network filed a federal First Amendment lawsuit against New York State Education Commissioner Betty A. Rosa, arguing the New York State Education Department's refusal to authorize the College Board to release 2026 Advanced Placement exam results to US News & World Report produced the collapse.
The ranking math
US News compiles its annual high school rankings using AP participation and performance data sourced directly from the College Board. When NYSED withheld authorization for the 2026 AP score release, US News substituted International Baccalaureate data for the advanced-course metrics. Success Academy runs AP programs, not IB. The network drew zero credit on that weighted slice.
The performance gap between the blocked data and the network's actual numbers is wide. In the 2026 graduating class, 95% of students passed three or more AP exams; 60% passed seven or more. The national figure for high school graduates passing any AP exam runs below 25%.
| Metric | Success Academy | Context |
|---|---|---|
| US News statewide rank (AP data included) | 11th | reported |
| US News statewide rank (AP data excluded) | 196th | reported |
| 2026 grads passing 3+ AP exams | 95% | vs. sub-25% national |
| 2026 grads passing 7+ AP exams | 60% | n/a |
| 2025 math proficiency, grades 3-8 | 96% | No. 1 in NY State |
| 2025 ELA proficiency, grades 3-8 | 92% | No. 2 in NY State |
State's rationale and the First Amendment argument
NYSED has defended the data block on student privacy grounds, arguing student information should not be used in commercial ranking products. Attorney Eric Grannis, who represents the network, said commercial status does not strip First Amendment protection from news organizations, citing The New York Times and The Washington Post. Grannis is also the husband of Success Academy CEO Eva Moskowitz.
Grannis further argued the state's position reflects teachers union influence and a policy stance he described as "less testing, more teaching," which he said conceals performance gaps between charter and district schools.
Charter schools receive public funding on a per-pupil basis, creating direct financial competition with traditional district schools. Founded in 2006, Success Academy serves over 22,000 predominantly low-income, Black, and Hispanic students across New York City. In 2025 state tests for grades 3 through 8, the network ranked first statewide in math at 96% proficiency and second in English Language Arts at 92%, one percentage point behind Scarsdale Union Free School District. The United Federation of Teachers filed a separate lawsuit in 2023 to block two Success Academy co-locations in Brooklyn and Queens. NYSED did not respond to a request for comment.