Another school district on Long Island has faced a setback in trying to enforce a ban on transgender students using certain bathrooms. New York state and local officials have confirmed that the Locust Valley School District cannot proceed with its controversial policy due to a new directive issued by State Education Commissioner Betty Rosa on November 18.
This bathroom ban, which was put in place by the Locust Valley School Board roughly a month ago, mirrors a similar policy from the Massapequa School District that had also been halted previously.
The statement from the school board indicated that in line with the Secretary’s direction, schools must adhere to the interpretation of state law that permits students to use restrooms and locker rooms that align with their gender identity.
Commissioner Rosa’s ruling essentially links Locust Valley to a legal dispute already in progress in Massapequa, where the New York Civil Liberties Union has challenged that district’s policy on behalf of transgender students.
In that instance, an interim order from the commissioner had previously prevented Massapequa from enforcing its resolution “until a final determination is made,” which is why Locust Valley is now included, given the “substantially identical nature” of the policies.
The current rules in Locust Valley demand that all students use facilities that correspond with their assigned gender at birth.
In response, the Locust Valley School Board has stated that it is dealing with a “complex and evolving legal landscape” and is looking into additional legal advice regarding the implications of the superintendent’s order.
District officials previously referenced Title IX and a January executive order from President Trump that recognizes only two genders, male and female, and cautioned against using federal funds to support gender ideology as reasoning for the ban.
However, state officials assert that New York law protects transgender students’ rights to use facilities that match their gender identity.
After the ban was put on hold, Massapequa intensified its efforts by launching a federal lawsuit against the parents of the students, the commissioner, and various state officials.
According to the directives from Rosa, the outcome of this situation may also impact Locust Valley.
Both Massapequa and Locust Valley are represented by attorney Nicholas Rigano, who hasn’t replied to requests for comment.
