Mayor de Blasio of NYC vastly expanded pre-kindergarten across the city. Thirteen charter schools provide pre-K programs. Twelve of them signed contracts with the city. Only one, the Success Academy charter chain, refused to sign a contract with the city on grounds that the city has no authority to supervise charters. Eva Moskowitz threatened to close her pre-K programs rather than signing a contract.


Moskowitz appealed to MaryEllen Elia, the state commissioner of education. Elia rejected Eva’s appeal.


“In her decision, Ms. Elia noted that the city’s request for proposals to run prekindergarten programs clearly stated “no payments will be made by the D.O.E. until the contract is registered with the N.Y.C. comptroller’s office.”


“She also ruled that there was nothing contrary to state education law in the city’s oversight of the program.


“Taking Success’s argument “to its logical conclusion,” Ms. Elia wrote, “would mean that D.O.E. would be required to provide charter schools’ prekindergarten programs with public funding without any mechanism to ensure” that they were meeting quality requirements, and that “public funds are being spent in accordance with the requirements.”


Eva Moskowitz promised to go to state court to appeal Elia’s decision.