(ALBANY, NEW YORK) – The New York State United Teachers (NYSUT) and the United Federation of Teachers (UFT) have filed a legal challenge to stop a scheme by Success Academy Charter Schools and the State University of New York’s Charter School Committee that attempts to circumvent the State’s Charter Cap.

The petition, filed in New York County Supreme Court, charges the State University of New York’s (SUNY) Charter School Committee illegally approved the "transfer" of a Success Academy Charter in the Bronx to a brand-new entity called Strive Charter School - even though New York City has already reached its statutory cap on Charter Schools and State law does not allow for the transfer of an existing Charter to a new entity.

Strive's founder, Eric Grannis, is the husband of Success Academy CEO Eva Moskowitz.

SUNY approved the transfer over the explicit objections of the New York State Board of Regents, which found the action was likely illegal and recommended it be abandoned.

While Strive received approval from SUNY, there is no evidence that it completed any of the competitive application requirements that State law mandates for each new Charter School, including community outreach, public hearings and demonstration of demand.

The petition seeks to void the transfer and prevent Strive from opening.

NYSUT President Melinda Person said: "New York's students and Public Schools deserve better than this kind of maneuvering and NYSUT will not stand by while bad actors try to rewrite the rules to suit themselves. This is yet another example of SUNY’s Charter approval process being used to sidestep State law - something NYSUT has already challenged in State Court and will continue to confront as long as we must.”

UFT President Michael Mulgrew said: "Success Academy has to follow the law. Clearly, they are trying to go around the Charter cap, but that's not how this works. Charter Schools drain resources from District Public Schools - and the cap was created to minimize harm."

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