Like most states, New York has a limit (a “cap”) on the total number of charters permitted to open in New York State and in New York City. The state cap is 460 charters. The city cap is 242 (included in the state total). The charter lobby has urged an increase in the number allowed, because there is no room for growth. Recently, the State University of New York authorized a new charter high school in NYC, claiming that it was an expansion, not a new charter school. The city and state teachers’ union, along with parents, filed a lawsuit to require the State University of New York to follow state law.
From: UFT Press Office <press@uft.org>
Sent: Friday, March 4, 2022 3:09 PM
Subject: UFT, parents sue SUNY over charter school cap-busting scheme
For Immediate Release – Friday, March 4, 2022
Unions, parents sue SUNY over New York City charter school cap-busting scheme
NEW YORK March 4, 2022 — New York city and state teachers unions, joined by parents, have filed a lawsuit against SUNY and its Charter Schools Institute to block the creation of a new charter high school in New York City that would illegally pierce the state cap on new charters in the city.
The United Federation of Teachers, its state affiliate, New York State United Teachers, and parents allege that SUNY circumvented the clear statutory cap on new charters by authorizing a new Bronx high school, Vertex Partnership Academies, disguised as an expansion of existing charters through a new partnership, Ventoux Partnership Network. That partnership made between Brilla College Preparatory Charter Schools and Public Prep Charter School Academies would funnel students from both networks to the new high school, an agreement designed specifically to evade both the cap and statutory requirements for the creation of new charter schools.
The scheme not only was called out by the State Education Department and Board of Regents in July as clearly violating state law, the lawsuit states that SUNY itself is treating the high school as if it’s a new charter, requiring accountability measures that in SUNY’s own words are “normally reserved for new schools.”
What’s more, Ventoux founder Ian Rowe publicly touts in his biography for the Thomas B. Fordham Institute the creation of “a new network of character-based, International Baccalaureate public charter high schools to open in the Bronx.”
“Put simply, if it looks like a new charter, is held accountable like a new charter, and is structured like a separate and new charter, then it is indeed a new charter and not an expansion,” the lawsuit states.
The lawsuit can be read in full here: https://files.uft.org/nysutvny.pdf
“This is a clear end run around the charter cap. Once again, the charter sector is acting as if the rules don’t apply to them. We are here to say – you have to follow the law,” said UFT President Michael Mulgrew.
“The SUNY Trustees and their Charter Schools Institute may think this scheme to create new charter schools is clever, but the law is still the law,” NYSUT President Andy Pallotta said. “Those who view the charter cap in New York City as a suggestion instead of a statutory mandate are living in a fantasy land. We look to the courts to give them a reality check.”
“City schools already have struggled enough as these charters siphon resources away from our students,” said Ana Rivera, a plaintiff and mother of a Bronx 12th grader. “Enough is enough. We as parents won’t stand for charters that think they exploit the law and take more from our students.”
Diane Ravitch's blog 
Charters are BAD!
Charters are BAD!
Charters are BAD!
I am glad to see NYSUT in the fight. It is about time that the unions starting defending public education and teachers and stop being concerned about political optics.
In other news, Russia has declared a temporary “humanitarian” ceasefire corridor from the cities of Mariupol and Volnovakha, Ukraine, so that citizens can flee. What does this mean? It means that international scofflaw/liar/war criminal/mass murderer Putin plans to proceed to level up his brutality by leveling cities.
Bills are moving through the legislature that would end the role of SUNY in charter school creation and renewal, all charter schools would fall under authority of the Board of Regents, the bills appear to have wide support, Governor Hochul has expressed no opinions …
In Ohio, the freaking Gates- and Walton-funded Thomas B. Fordham Institute, a supposed think tank, is a charter authorizer!!!
This is the state of Ohio abdicating its responsibility and taking that role away from local districts.
It’ll go easier for you, Bob, if you just recognize that Gates and the Waltons are our betters. The Waltons are still peeved they lost their expensive gamble in MA to eliminate our charter cap. At the moment, they’re trying mightily to push a state take over in Boston before their bought governor’s term expires. He’s chosen not to run for re-election and the leading Democratic candidate is a public education supporter. That no state takeover has produced a success won’t slow them down.
Peter Goodman,
Putting authority of charters under the Board of Regents would be an improvement over SUNY.
Ever since Pedro Noguera resigned in disgust and the likes of embarrassingly sycophantic types like Joseph Belluck ran the SUNY Charter Institute board of trustees, the SUNY Charter Institute has been a cheerleader of politically connected charters that billionaires love. Instead of doing its oversight duty.
I have linked to this before — watching Joseph Belluck “grill” an attractive female administrator at Success Academy during the December meeting was one of the most embarrassing displays of sycophancy I have ever witnessed.
The “hard” question involved what it was like having their fancy new school being located near the busy Lincoln Tunnel.
The fact that Success Academy had decided to locate their flagship school in one of the wealthiest school districts in all of NYC, in Manhattan where real estate is sky high, instead of in any of the less expensive high poverty neighborhoods in the Bronx or Brooklyn or Queens was not of interest to Belluck because it made perfect sense to him that a charter spend their money on fancy real estate with the savings they have from not serving students whose academic needs are much higher and more expensive.
But the real oversight should be done by the local boards of education and the citizens of the community where those charters pick and choose who they want to teach and demonize the students that they want to dump.
^^^money quote from Joseph Belluck that demonstrates how he does oversight: “you can’t argue with Success” (Academy).
What do most if not all Charter Schools have in common with a Ponzi Scheme?
Well, without unlimited opportunities for growth, Ponzi Schemes and Charter Schools eventually runs into a wall and the fraudsters get caught, almost overtime.