NYSUT files lawsuit against SUNY Charter Schools Institute
he statewide union filed a lawsuit in Albany County Supreme Court looking to hold the State University of New York Charter School Institute accountable for its decision to authorize new charter schools in Brentwood and Central Islip on Long Island. These authorizations were made despite the charter applications being rejected by the State Education Department Board of Regents and clear and significant opposition from the local communities.
“SUNY Charter Schools Institute’s actions left us no alternative,” said NYSUT President Melinda Person. “This entity has repeatedly ignored state law by dismissing community voices and overriding education experts in order to rubber-stamp charter applications. That is an abuse of its authority as a charter authorizer and a threat to public schools and the communities they serve. Public education works best when decisions are made with communities — not imposed on them — and that principle is worth defending.”
In October 2025, the SUNY Charter Schools Institute voted to approve the three charter schools. The recommendation to approve was sent to the state Board of Regents, which rejected the applications and returned them to SUNY in mid-December, citing community opposition among other factors.
On Jan. 22, the SUNY Charter Schools Institute voted, with minimal discussion, to resubmit the charter applications without any revisions. The Board of Regents cannot send the applications back again.
The NYSUT lawsuit challenges that the three charter school applications meet the fundamental requirements for charters under New York law, including demonstrated community support and evidence of likely educational benefit. The litigation also highlights the dysfunction created by New York’s dual charter authorizing system — which allows rejected applicants to shop their applications to the SUNY Charter Schools Institute for likely approval without addressing concerns raised by SED experts.
Brentwood has said the two proposed charter schools would result in an estimated loss of $99 million in funding over five years. Central Islip says it would lose $16 million every year.
NYSUT’s legal action seeks to restore accountability, enforce state laws as written, and protect the rights of local communities to have a meaningful voice in decisions that shape the future of their public schools.
The state Board of Regents and New York State Parent Teacher Association have filed affirmations in support of the union’s litigation. The state Council of School Superintendents also released a statement in support of the litigation.
In early March, the Brentwood and Central Islip school districts filed their own lawsuit against the SUNY Charter School Institute.
For more info, visit nysut.cc/charterlawsuit.