08 September 2026

Fraudster Sues New York State Education Department for Revealing Their Fraud

I am referring, of course, to "Success" Academy CEO Eva Moskowitz, who has a sad because NYSED inadvertently revealed that she was gaming the US News high school rankings.

I just want to say that any discomfort that she is feeling right now is well deserved.

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.

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.

………

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 and 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.

t 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 test 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 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.

So now, instead of getting its ranking increased for aggressively pushing students out of the school, they are being penalized for this.  Good.

H/T Diane Ravitch.

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