The New York State United Teachers (NYSUT) and the United Federation of Teachers (UFT) have filed another lawsuit aimed at limiting educational options for New York families and restricting innovation. Last month, NYSUT and the UFT sued the State University of New York, a charter authorizer, to prevent the transfer of a charter from Success Academy to Strive Charter School. This is not the first such lawsuit by the unions, and it is unlikely to be the last. Ongoing declines in statewide enrollment have increased pressure to maintain teacher positions and their associated revenue for unions.
New York State has a nonsensical law that restricts the opening of new charter schools, though New York charter schools are among the highest-performing in the country and primarily serve low-income black and Hispanic students.
Finally, a reason to check your email.
Sign up for our free newsletter today.
NYSUT has pursued legal action to prevent additional charters from opening. Earlier this year, it sued SUNY to block new charters on Long Island and previously tried to prevent Vertex Charter School from opening. These actions ignore student outcomes; for example, Vertex is located in a Bronx district where only 7 percent of high school graduates are prepared for college. Strive Charter School has an innovative model focused on low-income families: it will be open every day from 7 a.m. to 7 p.m., including weekends and summer, to support families that struggle to afford child care.
NYSUT is responding to declining student enrollment in New York State, which is expected to reduce teaching positions—and, consequently, dues-paying members. Between 2019 and 2024, New York lost 6 percent of its student population, ranking among the top ten states with the largest declines. Additionally, more families are choosing alternatives to public schools: homeschooling has grown by 126 percent over the past decade, and charter schools now serve over 180,000 students, up from 125,000 ten years ago.
The lawsuit claims that transferring the charter renders the cap on charter schools “meaningless.” But the charter in question was issued within the existing cap and is now being transferred to a different organization under an agreement approved by SUNY. The total number of charter schools in operation will remain unchanged under current law.
Actions by NYSUT and UFT have made New York less attractive to educators and hindered educational innovation. New York’s losing business to Florida and other more market-friendly states is a well-known story by now, but a similar trend is occurring in education. Success Academy had planned to open 100 schools in New York City, but it’s now expanding in Florida, where the 2017 Schools of Hope law has made it easier for strong-performing charter networks serving low-income students to open schools.
New York has led the nation in per-pupil funding for 19 consecutive years. Given this significant investment in public education and persistent mediocre results for its students, the state should encourage educational innovation, not try to smother high-performing charter-school operators. Without charters, New York’s most disadvantaged students will lose access to quality schools, and the primary beneficiaries will be the teachers’ unions’ bank accounts.