Earlier quoted context omitted.
3 is crucially important -- and the religion thing is really unimportant compared to the larger problem. Charter schools, in many states, occupy the absurd position of being able to claim that they out-perform local schools while selecting or quasi-selecting their student population and still not actually participating -- at all -- in the standardized testing that justified their existence in the first place.
Again this is simply wrong. Success Academy one of the best performing schools have a lottery so there is no way to get your kids into that school otherwise. Also public schools in NY are zoned so you have to live the right place to get your kid into the right school.
That being said, I'm not sure either of these are a problem. The real problem (one of them at least) is that a school's performance is measured by the student's scores on standardized testing.