Locust Valley district files lawsuit over transgender bathroom policy dispute
The Locust Valley middle and high school. Credit: Rick Kopstein
The Locust Valley school district is suing New York’s education commissioner and other top state and federal officials, arguing it has been put in an "impossible position" over clashing policies related to the use of bathrooms and locker rooms by transgender students.
In a federal lawsuit filed in the Eastern District on Wednesday, Locust Valley claims state Education Commissioner Betty A. Rosa's order temporarily blocking the district from enforcing a policy requiring students to use the bathrooms and locker rooms that correspond to their biological sex violates federal law and could subject the district to "federal enforcement actions."
State officials have said state law allows transgender students to use the facilities that align with their gender identity.
But in court papers, the district said the federal Education Department has penalized school districts that allow students to play sports and use facilities "in accordance with their gender identity." The federal agency has cited Title IX, a federal civil rights law that bans sex-based discrimination in education programs, and President Donald Trump's executive order that said federal funds could not be used to "promote gender ideology."
The district is asking the court to rule that federal law preempts state regulations and to prevent state officials from taking "enforcement action" against the district.
"We remain committed to providing students and staff with a safe and comfortable learning environment where they each feel valued and respected," the Locust Valley school board said in a statement Thursday. "Additionally, we seek to ensure our district is not at risk of losing either state or federal funding due to the clearly contradicting policies from each department.”
State officials could not be reached for comment Thursday. Representatives for the federal Education Department and Education Secretary Linda McMahon, also named as defendants, also could not be reached.
Long Island policies
The rights of transgender people have been a cultural flashpoint since Trump took office. On Thursday, for example, the U.S. Department of Health and Human Services rolled out regulatory actions to restrict access to gender-affirming care for minors.
The Locust Valley and Massapequa school boards adopted policies earlier this year requiring students to use the bathrooms and locker rooms that correspond to their biological sex, not their gender identity. Gender-neutral facilities were also made available in both districts.
The Locust Valley district argued it adopted the policy after learning of "federal enforcement actions against other school districts," according to the lawsuit.
After the New York Civil Liberties Union challenged the Massapequa policy on behalf of the parents of a transgender student who attends a district school, Rosa issued a stay of the policy pending a decision in that appeal. In a Nov. 12 decision by Rosa, Locust Valley was “joined as a related party” in the stay.
The Massapequa district has filed a federal lawsuit against the parents involved in the NYCLU appeal, as well as the education commissioner and other top state officials.
Locust Valley's lawsuit also names the parents as defendants.
“This cruel and baseless lawsuit shows that the Locust Valley school board — like its counterpart in Massapequa — is more interested in bullying students and families and filing frivolous litigation than doing the job that voters elected them to do: ensuring a sound and equitable education for all students,” Emma Hulse, education counsel at the New York Civil Liberties Union, said in a statement Thursday. “Instead of trying to score cheap political points at the expense of transgender students, the board should focus on its mission to support and educate the young people entrusted to its care.”
Lorena Mongelli has been reporting for Newsday since 2021. Prior to that, she covered breaking news at the New York Post.
