Full Breakdown
Success Academy Sues New York State Over Blocked AP Data
9/5/2026, 4:11:34 AM
Core Lawsuit Over AP Score Disclosure
Success Academy, New York City’s largest charter school network, has filed a federal lawsuit against New York State Education Commissioner Betty A. Rosa. The suit alleges that the New York State Education Department (NYSED) improperly refused to authorize the College Board to release 2026 Advanced Placement (AP) exam results to U.S. News & World Report, thereby preventing the network’s performance from being reflected in the outlet’s annual high-school rankings. The complaint frames the refusal as a violation of the First Amendment because it blocks a “publication right” to report verified academic data.
Background and Performance Data
Founded in 2006, Success Academy serves more than 22,000 low-income, Black and Hispanic students across New York City. The network reports that 95 % of its 2026 graduating class passed three or more AP exams, with 60 % passing seven or more. State test results released for grades 3-8 in 2025 placed the network first in New York State for math proficiency (96 % pass rate) and second in English Language Arts (92 % pass rate). Because NYSED blocked AP data, U.S. News calculated the advanced-course metric using only International Baccalaureate data, causing Success Academy’s statewide ranking to fall from 11th to 196th.
Official Statements & Responses
NYSED defended its action by citing student-data privacy statutes, arguing that releasing detailed AP results for ranking purposes would constitute commercial use of protected information. The department declined to comment further on the lawsuit.
Verbatim Quotes
- “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
- “Now, it both determines the ranking, and the information is also provided by U.S. News & World Report,” — Eric Grannis
- “it would strike at the heart of the First Amendment," Grannis said.” — Eric Grannis
- “The Department of Education is particularly highly aligned with the teachers union," Grannis claimed.” — Eric Grannis
