State Rules Against Success Charter in Pre-K Fight

In her decision, Elia said the requirement that pre-k providers sign a contract was neither unreasonable nor improper. The contract, in exchange for public funds, gave the city a mechanism for oversight to ensure the programs were in line with pre-k guidelines and state law, she said.

"I find that, in the absence of an executed contract, DOE was not required to pay Success Academy NYC for its pre-kindergarten programs," Elia wrote, adding that Success was the only entity that refused to follow the city's pre-k protocol.

Three Success charter schools were approved to run free full-day pre-k programs this school year, as part of Mayor Bill de Blasio's ongoing pre-k expansion. Payment was contingent on signing the contract but Success founder and CEO, Eva Moskowitz, argued that the terms imposed excessive oversight of its operations and she refused to sign.

On Friday she said she would appeal Elia's ruling.

"Success Academy is determined to provide the thousands of children hurt by this decision with the high-quality education they deserve," Moskowitz said in a statement. "The law is clear: we have a very strong legal case. ”

Department of Education spokeswoman Devora Kaye applauded the decision. 

“The State has upheld our important standards for ensuring quality Pre-K for All programs," she said. "We’ve welcomed high-quality providers of all kinds, and we hope Success Academy will work with the Department of Education and continue to be a part of the program.”