State annuls Massapequa, Locust Valley districts transgender bathroom policies
The New York State Education Commissioner ordered both districts to allow students to access all school facilities, including bathrooms and locker rooms, that align with their gender identity.
New York State Education Commissioner Betty Rosa ruled that two Long Island school districts violated state law by barring transgender students from using restrooms and locker rooms that align with their gender identity.
In a decision issued Tuesday, Rosa sided with the New York Civil Liberties Union in its challenge to transgender policy adopted by the Massapequa and Locust Valley school boards.
The commissioner ordered both districts to allow students to access all school facilities, including bathrooms and locker rooms, that align with their gender identity.
Rosa wrote in her decision school board members disregarded state law and deprived students “of the dignity to which they are entitled."
The NYCLU filed the appeal on behalf of a transgender student in the Massapequa School District who was prevented from using school facilities under the district’s policy.
The Massapequa school district in October wanted the White House to intervene after the state struck down the policy. The policy cited Title IX and an executive order signed by President Donald Trump on his first day back in office, mandating the U.S. recognize only two sexes.
"This well-reasoned decision confirms what NYCLU has said from the beginning: these transphobic resolutions flagrantly violate New York laws, which unequivocally prohibit discrimination based on gender identity. The decision resoundingly affirms the right of New York students to use facilities that align with their gender identity,” said Emma Hulse, education counsel at the New York Civil Liberties Union.
Massapequa Board of Education released the following statement:
"The district is aware of the Commissioner’s decision and is currently reviewing the document in consultation with its attorney."
The Locust Valley Board of Education also released a statement:
"The district is aware of the commissioner’s response and is reviewing it with legal counsel."
