She claims the state comptroller does not have the Constitutional authority to audit charters.
She's arguing that the Regents already have all the information that the state comptroller wants for the audit and the comptroller's audit duplicates what the Regents already do.
According to Courthouse News:
Success Academy seeks declaratory judgment that the comptroller has no authority to audit charter schools, and a permanent injunction to bar such audits.
In the alternative, it wants the Harlem 1 audit declared unconstitutional and stopped.
It also seeks costs and attorneys' fees.
But the Regents are not an auditing body, the state comptroller's office is.
What Moskowitz really is saying with this lawsuit is that she thinks charter schools are above the law.
Can you imagine a public school suing to keep the state from auditing what it's doing with public money?
But Eva Moskowitz thinks nothing of it.
And that's because she knows she's a special citizen as a premier owner and operator of a charter school conglomerate.
Because over the last ten years, the charter industry has been treated as the special scions of the Bloomberg administration and have been granted special status, free rent, and exclusive access to Tweed.
Remember the Juan Gonzalez article that exposed the Moskowitz/Klein email chain?
Just another example of the special status the charter industry has in this city.
But despite what Moskowitz thinks about her special status, she is not above the law.
And frankly, her fighting of the audit may cause her more problems in the long run than actually submitting to it.
Because her lawsuit to stop the comptroller auditing raises questions like, what is she hiding from the state?
Is she funking with the money?
Is she stealing money?
Is she funking with the student demographics data?
Is she lying about attrition rates or graduate rates?
Is she doing all of these things?
She has to be hiding something.
The question is, what?
Why is she afraid to submit to an audit of public funds by an independent auditor from the state?