
State strikes down Massapequa, Locust Valley, N.Y. school transgender bathroom policies
“The state education commissioner has struck down policies enacted by the Massapequa and Locust Valley school boards requiring students to use either the bathrooms and locker rooms that correspond with their biological sex or gender-neutral facilities.
“The commissioner, Betty A. Rosa, issued the ruling on Monday in response to an appeal from the New York Civil Liberties Union on behalf of the parents of a transgender Massapequa student. In her ruling, she ordered the districts to allow students to use the facilities that ‘most closely align’ with their gender identity.
“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.’”
“The Massapequa school board in September adopted a resolution requiring students use bathrooms and other facilities that ‘correspond with the students’ sex as defined under Title IX and federal law.’
“At a later meeting, the school board voted to have the district's superintendent, William Brennan, ‘enforce and carry out all of the requirements’ of the resolution.”
“In her ruling, Rosa wrote that when the student learned of the new policy, the child ‘immediately started crying’ and ‘quickly began feeling [thoughts of killing herself].”
“The Locust Valley school board adopted a similar policy in October. Rosa wrote in her ruling that she added the district to the appeal as a ‘related party.’
“Both districts had been barred from enforcing their new regulations while Rosa decided the appeal.
“The districts have filed suit against the state, arguing they have been put in an ‘impossible position’ due to conflicting state and federal rules concerning transgender students.”