NYC hits charter school cap, can’t open any more without state approval: regulator

Gov. Kathy Hochul and the legislature will face pressure to lift the cap on charter schools in New York City next year after state education officials on Wednesday doled out the last of the 14 “zombie” slots begrudgingly approved by lawmakers last year .

The SUNY Charter Committee vote allowed high performing Success Academy, Zeta and South Bronx Classical charter school networks to open six of the nine remaining slots for charter schools.

“One thing is clear: we need more charters. There are no more unless Albany gives us more,” Joe Belluck, chairman of the committee — one of the entities that authorizes charters — said in an interview.

“These charter school networks run great schools. No one can argue with what we did here today,” he said.

There are 282 charter schools operating in the city enrolling nearly 150,000 students — or 15% of the public school population.

Two new Success Academy Charter Schools will open in fall 2026, each serving 190 students in grades K-1 and growing to serve 675 students.

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Success Academy can open another school via a charter license transferred from another entity that was previously approved but never ended up launching — a recycled or so-called zombie slot.

Three other Success Academy Charter schools were pre-approved, but can only open if Albany lifts or increases the cap.

Zeta Charter Schools network was awarded three charters to operate K-to-5 schools in Queens opening in August of 2025. A fourth Zeta school was pre-approved, but can only if more spots were to become available within the city.

The South Bronx Classical Charter School V will open in August 2025, serving 120 students in Grades K-1 and growing to serve 360 students in Grades K-5 when fully phased in.

Elsewhere, the Urban Dove Team Charter School received approval to open a transfer high school for struggling students. Unlike traditional transfer schools that accept students at age 17, Urban Dove will enroll kids at age 15.

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Urban Dove 5 will open in July 2025 serving 110 students and growing to serve 305 charter students.

Next Generation Charter School will open in The Bronx in August 2026, serving 156 students in Grades K-1 and growing to enroll 468 students in Grades K-5 when fully phased in.

Lastly, the Lamad Arverne Academy Charter School will open in September 2025 in the Rockaway pennsinsula It will  enroll 150 students in Grades K-1 and eventually serve 450 students in Grades K-5 when fully operational.

Crystal McQueen-Taylor, Executive Director of StudentsFirstNY, a pro-charter lobbying organization, said, “Nine new charter schools will make all the difference for the families who have been waiting for a school that meets their child’s needs in their community.

“But this authorization will leave talented, innovative, diverse operators who are ready to serve families on the outside looking in. In New York City, supply and demand are still tragically mismatched. And I will not rest until all students have the great public education they deserve and that parents demand.”

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Hochul’s office did not say whether she would push to bust the charter school cap, as she did last year when lawmakers allied with the anti-charter school teachers’ union agreed to recycle 14 “zombie” charters that lapsed with other entities.

“Governor Hochul has made record investments in education, increasing school aid by $6.5 billion since taking office, and she will continue working with the Legislature to deliver high quality educational opportunities to New York students,” a Hochul spokesperson said..

The powerful heads of the education panels in the Senate and Assembly said Wednesday they had no appetite to raise the charter school cap.

“The long-standing cap on the number of charter schools in NYC was implemented to provide some measure of choice while preserving the city’s ability to keep public schools open to all students. Barring dramatic developments, this won’t be an issue for next year’s legislative agenda,” said state Sen. John Liu (D-Queens), who heads the panel overseeing city schools.

Assembly Education Committee Chairman Michael Benedetto (D-Benedetto) called the chances of lifting the cap next year “a long shot.”

Charter schools are publicly funded but privately managed by non profit education groups, and most of the staff are non-union.

They typically have a longer school day and year than traditional public schools and their students generally outperform their traditional counterparts on standardized math and English exams.

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