Eva Moskowitz, founder of Success Academy charter chain, has been everywhere recently, promoting her brand. She has written op-Ed’s for major newspapers, she was interviewed by Margaret Hoover on PBS’ “Firing Line,” she is expanding from New York City to Florida. And just the other day, she published an article in The Washington Post saying that she is suing the New York State Education Department for failing to release the AP scores of her charter schools, which caused her schools’ ranking to plummet in the U.S. News‘ ranking of high schools.
Gary Rubinstein looked at her complaint and dissected it. Gary teaches advanced mathematics at Stuyvesant High School in New York City. Stuyvesant is a highly selective school that accepts only the students who pass a rigorous test. Gary is a crack researcher and examiner of claims, who has repeatedly taken apart the Success Academy marketing brand.
No matter where you go in New York City, you are forced to ponder the Success Academy charter network. On bus stops, in your mailbox, even as a commercial during a YouTube video, the school seems to be everywhere. A Success Academy looking student was even saved by Superman in the recent 2025 Superman movie.

Waiting For Superman? He finally came!
Starting in 2006 with about 170 students, it has grown to encompass about 60 schools and about 22,000 students. They are known for having very strict discipline and very high test scores.
Over the years I have examined pretty much every aspect of this school. I’ve done post after post about how it should be a red flag that they only graduate about 150 seniors a year despite having over 2000 kindergarteners and about 800 ninth graders across several schools. I’ve interviewed former students who say that, yes, the school stops everything and does test prep for several months before the state tests. I’ve interviewed parents who have been pressured to transfer their kids out of Success Academy. And if you do a search on reddit you will find page after page of stories that will break your heart.
But Success Academy does seem to have excellent test scores, at least the 3-8 Math and ELA state test scores. Though there are a lot of students who are pushed out of the school, the 3-8 test scores are even good considering that. But for these 3-8 scores to be more than a mirage, they need to translate into good high school scores, and here is where things get a bit complicated.
One metric that Success Academy has been able to boast about in recent years has been their position on the US News & World Report High School rankings. Last year, for example, they were rated the 11th best High School in New York State along with the big guns like Stuyvesant, Bronx Science, Townsend Harris, and Brooklyn Tech. Having a rating like that makes for a nice item to show to donors at fundraisers and can help them start new franchises in Florida, for example.
But the US News & World Report High School rankings have always been flawed. Here’s how they work: Three of the main categories are ‘college readiness’, state assessment proficiency, and graduation rate. The ‘college readiness’ score has been worth 30% and it is calculated by averaging the percent of seniors who took an AP test and the percent of seniors who got a 3 or higher on at least one of those AP exams. So if there is a school where every senior takes a bunch of APs and as long as everyone passes at least one of those APs, that school can get a full 30 points for that metric. So if there is a school where all the students get 5s on multiple APs, it gets the same score as the school where students get a 3 on exactly one AP. So this one is pretty easy to game because all you have to do is force your students to take a bunch of APs and since getting a 3 isn’t so hard as it is like getting a 60% or less on some of them, you can get the full 30 points if you make that the goal for the school. The same is true for the state assessment proficiency where as long as your students pass, even if they barely pass, they get the same rating as a school where the students get near perfect scores on the test.
It is possible to game the math component of the state assessment proficiency metric by not making your students take the Geometry and Algebra II Regents. Most NYC students take Algebra I in 8th or 9th grade and at a high performing school, they generally take those other two Regents the next two years. But those other ones aren’t needed for graduation so if a school doesn’t want those scores to affect their US News & World Report ratings, they might not have their students take math Regents beyond Algebra I. Success Academy is one of those schools whose math component of the US News ranking is based on just Algebra I. They seem to be the only supposedly high performing school whose students do not take the Geometry and the Algebra II Regents so their math score that US News uses is based on one easy test rather than three tests in which the other two are much more difficult.
In 2025 Success Academy was ranked 11th in New York State (out of about 1200 schools). But the latest ranking came out and Success Academy dropped to 196th. This prompted Success Academy to sue the New York State Education Department for what they felt was an unfair change in the reporting of the data to US News & World Report. I will try to explain why the 196th ranking this year is actually a more fair ranking than the 11th from the previous year and how this lawsuit could backfire on Success Academy.

So the big change from last year to this year is that New York State did not report the AP score data to US News & World report. So what US News did was increase the weight of the other categories to compensate for that. In theory, at least, it shouldn’t affect the rankings by so much. A school with good AP scores will also likely have good state assessment proficiency and a good graduation rate. Those things generally go up and down together.
But there was a strange thing in the new rankings. Most of the top 25 schools by the new ranking were not high performing on last year’s rankings. So 25 schools shot to the top and most of the other schools that used to be at the top of the list ended up moving down around 25 spots or sometimes a little more. This happened because though NY State did not report the AP scores, they did report for IB schools those scores and those IB schools got to use the college readiness metric which meant that they got the advantage of inflating their scores while the AP schools didn’t. Of the top 200 schools, 42 of them were IB schools in the new ranking, including about 25 of the top 30 schools. It would have been more fair for NY State to also not give the IB scores since it did make top performing AP schools lose around 25 spots on average.
But Success Academy did not just drop 25 spots. It dropped the most spots of any school in the state that I was able to find. Dropping 185 spots in a ranking revealed why Success Academy never really deserved to be in spot number 11 the previous year.
When the AP scores got eliminated from the calculation, the other scores got increased in weight including the ‘graduation rate’ statistic. Now of the top 20 schools from last year, they all had nearly a 100% graduation rate so changing the weight of that category didn’t change their ranking by much (other than the 25 spot move from the IB issue). But there was one school, Success Academy, that only had a 73% graduation rate. They have this because only 73% of their students graduate in 4 years. But what happens to the other 27%? Many of those are forced to repeat 11th grade. At the school last year there were about 180 11th graders but only 120 12th graders. So this 73% affected their overall score and brought them down so many places.

But that is just the tip of the iceberg. See, when they don’t promote the 11th graders this accomplishes two things with the old US News formula from last year. Yes, it lowered their graduation rate but that was only a small component last year. More importantly, by not promoting those 11th graders, this served to increase their old AP college readiness score since those 11th graders who were left back did not have to try to pass any APs. So that policy to leave back so many 11th graders brought down their graduation rate but brought up their college readiness rate and overall since graduation rate wasn’t a big part of the grade, they were able to become 11th ranked with the inflated college readiness grade.
The big question I have is: Is that the reason that they leave back so many 11th graders? It would seem really unusual to get left back when you’ve been surviving at this school from kindergarten to 11th grade only to get left back just before becoming a senior. No other school that was high rated last year in US News had such a drop in enrollment from 11th grade to 12th grade, generally they had about the same number of 12th graders as they did 11th graders. I would not put it past Success Academy if they were altering the course of those left back students’ lives just so they would not hurt the US News & World Report ranking.
But it came back to bite Success Academy in the butt as the AP score was eliminated from the ranking and the graduation rate’s weight was increased. And now they are suing. As they are the only school to drop by 185 places, they will not have any other schools joining them. I don’t know why NY State chose not to report the AP data. They have had some recent conflict with the college board selling student information, and I think they won a giant settlement from them. Maybe that affected their decision. I don’t think the state was aware that it would affect the relative rankings and, in general, it didn’t. They probably should have anticipated the IB bump that gave the top 20 spots to IB schools but it will be really hard to prove in court that this choice was deliberate. Success Academy could just as well sue US News & World Report since they could have come up with some other creative way to weigh the remaining categories so that the top 20 spots wouldn’t have been dominated by those schools.
In the op-ed that Eva Moskowitz wrote in The Washington Post, she says “Parents deserve to know how well high schools are preparing their students for college-level work. That’s why U.S. News & World Report is a great tool. For years, it has publicized students’ performance on Advanced Placement exams as part of its widely followed national high school rankings.” She also wrote: “We’ve done so [sued NYSED] to vindicate not only our right to make our results known, but also the rights of parents and policymakers to have accurate, objective data about our state’s schools. Parents can’t demand excellence if government prevents them from seeing it.” So here’s my challenge to Eva Moskowitz and if not to her, then to the New York State Education Department: Let’s see the granular data of the AP scores from Success Academy. Moskowitz writes that “students at Success Academy, the network of public charter schools I lead, perform extraordinarily well on those tests. We value each AP exam as an independent benchmark and require our students to sit for at least 18 of them to graduate.” That is quite a large number of APs. She says that most of them pass 3 exams, but that means they failed 15. I would really like to see all the scores, all the 1s and 2s on the different exams that students are forced to take for no other purpose than to increase the college readiness score that ended up not being calculated anyway.
A post on Yahoo! news misrepresents this story (with information likely from Success Academy themselves) as: “Because NYSED declined to authorize the College Board to release 2026 AP scores, U.S. News calculated the advanced course metrics using only International Baccalaureate (IB) data. Because Success Academy offers AP courses rather than IB programs, the network received zero credit for 40% of the ranking’s weighted criteria, causing its statewide ranking to crater from 11th to 196th.” But no, that is not at all what happened. Just like all the AP schools, the other rankings were weighted to make the top score still 100% — Success Academy is the only school to drop this much even though AP scores were dropped from about 1000 schools. I would love to see their lawyer try to misrepresent the facts this way in court.
If anyone should be filing a law suit, it should be any Success Academy 11th grader who was mysteriously left back just when they were about to enter their senior year. If they could prove that they were discriminated against for the purpose of juicing the US News ranking, that seems like a good class action suit.


