New York State Strikes Down Massapequa Bathroom Policy

MASSAPEQUA, NY — Massapequa School District will be unable to enforce its bathroom and locker room policy that would have barred students from using facilities that aligned with their gender identity after a ruling by New York State Education Commissioner Betty Rosa found the policy in violation of multiple state laws.

The bathroom policy was enacted at a September Board of Education meeting, with the resolution to enact the policy stating that the board sought to comply with President Donald Trump’s Executive Order 14168, which said federal government policy would only recognize two genders: Male and female, as assigned at conception.

In the months after the policy was enacted, public commenters at board of education meetings spoke out both for and against the policy; its proponents said it protected the majority of students from feelings of discomfort, while its detractors said it was discriminatory against transgender students.

The NYCLU challenged the policy just weeks after it was enacted, on Oct. 3, claiming it violated state civil rights, education and human rights laws. The Board of Education has defended the policy, saying that the district could lose federal funding if it didn’t comply with federal policies and that the discrepancy between state and federal laws makes it impossible for the district to comply with both policies at once.

After months of legal filings, Rosa ruled Monday that the policies violated New York State law.

“Board members are 'public officers who 'take an oath of office to uphold the law and faithfully discharge [their] duties,” Rosa said in her ruling. “Respondents' conduct - disregarding State law to deprive students of the dignity to which they are entitled - did not satisfy these obligations.”

According to NYSED Director of Communications JP O'Hare, the state education department's position was that executive orders like Trump's 14168 are "legally ineffective" and "do not excuse" schools from obligations to comply with state law.

"New York State law prohibits public schools from treating students differently based on their gender identity. Federal executive orders to the contrary are legally ineffective and do not excuse schools’ responsibility to comply with State law," O'Hare said. "The Department rejects the premise that supporting women and transgender individuals is a zero-sum game. All people, without exception, are entitled to dignity and respect. Schools must support - and not target - students so that each child can reach their full potential."

In a statement on the ruling, the Massapequa Board of Education said, “The district is aware of the commissioner’s response and is reviewing it with legal counsel.”

As for the NYCLU, the civil liberties organization said the decision could bring to a close the "frivolous and wasteful" litigation process over the policy.

"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,” NYCLU Education Counsel Emma Hulse said. “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."