Locust Valley district temporarily barred from enforcing transgender bathroom policy
The Locust Valley school district has been temporarily barred from enforcing its new transgender bathroom policy. Credit: Rick Kopstein
The Locust Valley school district has been temporarily barred from enforcing a policy that prohibits transgender students from using bathrooms and locker rooms that correspond to their gender identity, according to a state order.
The district was the second on Long Island to adopt a resolution that mandated students use those intimate spaces that align with their biological sex. Gender-neutral options were also available to students.
State Education Commissioner Betty A. Rosa issued a stay of the resolution in November, about one month after it was adopted. In a letter to the community, the school board said it was "pursuing further legal counsel."
The board wrote, "The district continues to navigate a complex and evolving legal landscape shaped by federal and state mandates. We also remain committed to protecting the rights of all students in our district as well as preserving the state and federal funding that sustains our high-quality educational programs."
Top state officials have said that state law protects transgender students, including their right to use facilities such as restrooms and locker rooms that align with their gender identity.
But the Locust Valley district has cited Title IX, a federal civil rights law that prohibits sex-based discrimination in education programs that receive federal financial assistance, and an executive order issued by President Donald Trump in January that recognized “two sexes, male and female,” and stated, “Federal funds shall not be used to promote gender ideology.”
Massapequa policy
Locust Valley's transgender bathroom policy was approved after a similar resolution was adopted in September by the Massapequa school board — the first in the state to do so. Soon after, the New York Civil Liberties Union appealed to Rosa on behalf of the parents of a transgender child who attends a district school.
Rosa in October issued an interim stay of the Massapequa resolution, preventing the district from carrying out its policy "pending an ultimate determination" of the appeal.
In a Nov. 12 decision handed down by Rosa, Locust Valley was “joined as a related party” in the same stay issued to Massapequa. The commissioner cited the “near identical nature” of the resolutions passed by the two boards.
Rosa’s latest ruling means the North Shore district cannot enforce its policy until there’s a decision in the Massapequa appeal.
Massapequa's policy, like Locust Valley's, offers students the option to use gender-neutral bathrooms and locker rooms. But in her order, Rosa noted that the petitioners alleged the gender-neutral restrooms presented a barrier to access because they are not near the student’s classrooms. The student further explained that it was “humiliating and isolating” to use the gender-neutral locker room, the commissioner noted.
Following Rosa's order, the Massapequa district filed a federal lawsuit against the student's parents, as well as the education commissioner and other top state officials.
Both Massapequa and Locust Valley are represented by Melville-based attorney Nicholas Rigano. He declined to comment Monday.
Dandan Zou covers education for Newsday. Previously, she worked for a community newspaper in Maryland and a personal finance magazine in Washington, D.C.
