Success Academy Successfully Defeats Teachers Union
On Monday, a judge ruled that the city’s largest charter school network, Success Academy, will be permitted to access Department of Education (DOE) buildings and carry out repairs before the start of classes. The ruling modified a temporary restraining order from June 30, which had prevented Success Academy from performing construction work at PS Q225 in Queens and the K495 high school complex in Brooklyn.
The legal battle stems from a lawsuit initiated by the United Federation of Teachers (UFT), a powerful teachers’ union, seeking to prevent Success Academy from co-locating in public school buildings in Kew Gardens and Sheepshead Bay. The UFT cited New York’s new class-size law, which caps middle school classes at 23 students and high school classes at 25 students, as a reason for requiring more space in DOE buildings for public schools, making it difficult for charters to fit in.
While the decision on the lawsuit is still pending, Justice Lyle Frank allowed Success Academy to access the buildings for essential preparatory work as classes are scheduled to begin on August 14. The permitted improvements include installing internet, adding electrical capacity for AC and smartboards, and addressing any unsafe conditions with the walls, floors, doors, or light fixtures. The DOE will ensure that the work does not disrupt its school activities.
The city’s Law Department stated that these preparations are beneficial for the school buildings regardless of the lawsuit’s outcome and are in the best interest of the students. The UFT remains optimistic about the judge ruling in their favor and granting a preliminary injunction.
Success Academy, founded by former Democratic Upper East Side City Councilwoman Eva Moskowitz in 2006, has faced numerous legal challenges from the UFT and its allies over the years, but none have succeeded. The UFT views charter schools as a threat to its members and argues that they divert resources from the public school system, which has led to lobbying efforts against the recent expansion of charter schools by Albany.
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