By: Dave MacIntyre

A judge ruled on Monday that the city’s largest charter school network, Success Academy, will be allowed to access Department of Education (DOE) buildings and perform necessary repairs before the start of classes. The ruling comes amidst a lawsuit from the United Federation of Teachers (UFT), a powerful teachers’ union, seeking to expel Success Academy from the spaces it currently occupies.

The lawsuit was filed by the UFT to prevent Success Academy from co-locating in two public school buildings in Kew Gardens, Queens, and Sheepshead Bay, Brooklyn. The union cited New York’s new class-size law, which imposes caps on class sizes, requiring public schools to have more space in DOE buildings. The argument was that the charters would not fit into the buildings due to the mandated class-size limits.

Manhattan Supreme Court Justice Lyle Frank modified a temporary restraining order that had previously prevented Success Academy from performing construction work at PS Q225 in Queens and the K495 high school complex in Brooklyn. The judge’s ruling now allows Success Academy to enter the buildings to perform essential work, such as installing internet services, adding electrical capacity for air conditioning and smartboards, and making necessary repairs to unsafe elements like walls, floors, doors, or light fixtures.

Justice Frank noted that these improvements are expected to benefit the school buildings, and the DOE will ensure that the work does not interfere with its school activities. The ruling comes with the understanding that Success Academy’s classes are still scheduled to start on August 14.

A spokesman from the city’s Law Department stated that the preparations made by Success Academy would benefit the school buildings regardless of the lawsuit’s outcome and emphasized that it is in the best interest of students for these preparations to proceed.

The UFT’s lawsuit is part of its long-standing efforts to challenge Success Academy, founded by former Democratic Upper East Side City Councilwoman Eva Moskowitz in 2006. Despite more than a dozen lawsuits filed by the union and its allies against Success Academy over the years, none have succeeded.

The expansion of charter schools in Albany, which are privately run but publicly funded, has faced opposition and criticism from the UFT. The union views charters as a threat to its members and argues that they divert resources from public school systems.

Earlier this year, a series in the Post highlighted how students of color who attend charter schools significantly outperform their public school-attending counterparts, further fueling the debate surrounding charter schools’ impact on education outcomes.

Charter schools play a crucial role in the educational landscape by providing a much-needed alternative to traditional public schools. Their flexibility, innovation, and focus on accountability make them valuable contributors to the ongoing efforts to improve the quality of education for all students. By fostering competition, promoting parental involvement, and targeting underserved communities, charter schools serve as vital agents of positive change, shaping the future of education. The presence of charter schools fosters healthy competition within the education sector. When schools compete for students, it incentivizes all institutions.