NYS: Massapequa school district cannot enforce transgender bathroom policy
Massapequa High School Credit: Newsday/Alejandra Villa Loarca
The Massapequa school district cannot enforce a new policy barring transgender students from using bathrooms and locker rooms that align with their gender identities, according to a stay issued by the state education commissioner this week.
Betty A. Rosa, the education commissioner, issued her ruling Tuesday following an appeal by the New York Civil Liberties Union, which is representing the parents of a Massapequa transgender student.
Rosa wrote that the stay is "pending an ultimate determination of the appeal."
The Massapequa school board adopted a resolution on Sept. 9 requiring students to use bathrooms and other facilities that "correspond with the students’ sex as defined under Title IX and federal law." The resolution cited a federal opinion and an inaugural executive order by President Donald Trump that recognized two genders and stated that a person’s sex "does not include the concept of gender identity."
The board voted at a later meeting to have the schools superintendent, William Brennan, enforce the resolution.
"Those resolutions required students to use intimate facilities, including bathrooms and locker rooms, that corresponded to their biological sex," the board said in a statement Wednesday. "Under the Commissioner’s order, such separation is now prohibited."
The board added, "We remain committed to ensuring the safety and dignity of all students. Accordingly, we will continue to offer a gender-neutral locker room and bathroom option to any student who will be more comfortable using such a space."
In her order, Rosa wrote that the petitioners "demonstrated a likelihood of success on the merits," citing state anti-discrimination laws.
"I further find that petitioners have proven that the student will suffer irreparable harm absent a stay," Rosa stated. "Petitioners allege that the gender-neutral restrooms present a barrier to access as they 'are not located near [the student's] classrooms. Additionally, the student explained how and why it is ‘humiliating and isolating’ to use the gender-neutral locker room."
Gabriella Larios, an NYCLU staff attorney on the case, said further appeals should remain under the jurisdiction of the education commissioner.
"This reaffirms what we said all along, that state law protects trans students," Larios said. "The school board has its position and believes it is following federal law. We believe that’s wrong and we will keep pushing until all trans students in Massapequa have the right to use the bathrooms and locker rooms that align with their gender identity."
John Asbury is a breaking news and general assignment reporter. He has been with Newsday since 2014 and previously worked at The Press-Enterprise in Riverside, California.
