In NYCLU Victory, NYS DOE Strikes Down Massapequa and Locust Valley School Districts’ Anti-Trans Policies

New York – Today, in a victory for the rights of transgender students on Long Island, New York State Commissioner of Education Betty Rosa sided with the New York Civil Liberties Union (NYCLU) in its challenge to the Massapequa and Locust Valley School Districts’ resolutions barring trans students from using restrooms and locker rooms aligned with their gender identity.

In her decision, Commissioner Rosa made clear that Massapequa and Locust Valley’s policies defy New York law, stating, “Board members are ‘public officers who ‘take an oath of office to uphold the law and faithfully discharge [their] duties…. Respondents’ conduct – disregarding State law to deprive students of the dignity to which they are entitled – did not satisfy these obligations.” The decision annuls discriminatory policies passed by the Massapequa School Board and the Locust Valley School Board in the fall and orders both districts to allow all students to access the school facilities, including bathrooms and locker rooms, that most closely align with their gender identity.

The NYCLU filed the appeal on behalf of a trans student in Massapequa who was being prevented from accessing school facilities because of the new policy. Massapequa’s policy is in direct conflict with New York’s Education Law, Human Rights Law, and Civil Rights Law, as well as binding regulations and specific statewide NYSED guidance on this issue. Massapequa’s anti-trans policies drew fierce community pushback, codified in public comments submitted over the past several months.

“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. “The Massapequa and Locust Valley school boards should heed the Commissioner’s order and refocus on their important work of educating the young people in their districts instead of continuing to wage a frivolous and wasteful legal battle.”

Under New York law, it has long been illegal for schools to discriminate based on a student’s gender identity or expression. For over a decade, if not longer, it has been the undisturbed status quo statewide that students have the right to go by their chosen name and pronouns, express their gender, participate in sports and other activities aligned with their gender, use restrooms and other facilities aligned with their gender, and update the name and gender on their records. New York’s Attorney General and the State Education Department have recently reaffirmed that schools must continue to comply with state law protections for trans students, including the right to use facilities such as restrooms and locker rooms that align with their gender identity.

NYCLU counsel on the case includes attorneys Emma Hulse, Gabriella Larios, Bobby Hodgson, and Stefanie Coyle, legal fellow Anya Weinstock, and paralegal Wes Mahony.