NYCLU Challenges Massapequa School District Anti-Trans Facilities Policy  

The resolution illegally bars trans students from using school restrooms and locker rooms aligned with their gender identity.   

NEW YORK – Today, the New York Civil Liberties Union (NYCLU) filed an appeal with the New York State Commissioner of Education Betty Rosa challenging the Massapequa School District’s enactment and enforcement of its resolution preventing trans students from using restrooms and locker rooms aligned with their gender identity.  

The NYCLU filed the appeal on behalf of a trans student who is 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.  

“The Massapequa School Board’s job is to protect and support the young people entrusted to their care. Instead, they are abusing their power and authority to target vulnerable students for who they are,” said Emma Hulse, education counsel at the New York Civil Liberties Union. “This transphobic resolution flagrantly violates New York laws, which prohibit discrimination based on gender identity. It is also an affront to our shared values. All students have a right to safe, inclusive learning environments, and trans students are no different. Education Commissioner Rosa must reject this hateful resolution and reaffirm the right of all students to use facilities that align with their gender identity.” 

Last month, the Massapequa School District passed a resolution requiring all students to use restrooms and locker rooms that correspond with the student’s sex assigned at birth as defined under Trump’s anti-trans executive order. On September 18, the school district passed an addendum to the resolution directing the Superintendent of Schools to enforce the policy. 

Under New York laws, it is illegal for schools to discriminate based on a student’s gender identity or expression. 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 include attorneys Emma Hulse, Gabriella Larios, Bobby Hodgson, and Stefanie Coyle. 

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