The top education official in New York has ordered two Long Island school districts to allow transgender students to use school facilities that align with their gender identity,striking down policiesshe said violated state law and reaffirming longstanding protections backed by state authorities.
In a decision issued Tuesday, April 21, Commissioner of Education Betty Rosa sided with the New York Civil Liberties Union in its challenge to resolutions adopted by the Massapequa School District and the Locust Valley Central School District. The policies barred transgender students from using restrooms and locker rooms consistent with their gender identity.
Rosa wrote that the districts’ actions defied state law and the obligations of school officials. Board members are “public officers” who take an oath to uphold the law, she said, adding that their conduct “did not satisfy these obligations” when they disregarded protections guaranteeing students’ dignity, she said.
The ruling annuls the policies approved last fall and directs both districts to permit students to access facilities that most closely align with their gender identity.
A spokesperson for the Massapequa School District said, “The district is aware of the commissioner’s response and is reviewing it with legal counsel.”
A spokesperson for the Locust Valley Central School District was unable to provide comment at the time of publication.
The case originated inMassapequa, where the school board on Sept. 9 approved a resolution mandating that students use bathrooms and locker rooms corresponding to their sex as defined under Title IX and federal law. At a Sept. 18 special meeting, the board authorized the superintendent to enforce the policy.
The resolution also stated that students requesting alternative arrangements could use designated gender-neutral facilities but would not be permitted to use facilities aligned with their gender identity if it differed from their sex assigned at birth.
The New York Civil Liberties Union filed an appeal with Rosa on Oct. 3 on behalf of an unidentified transgender student who said the policy prevented access to school facilities. The organization argued the resolution conflicted with New York’s Education Law, Human Rights Law and Civil Rights Law, as well as guidance issued by the New York State Education Department.
In response to the appeal, Rosa issued a stay blocking enforcement of the Massapequa policy. The district later appealed that stay and filed a federal lawsuit against a student’s parents, as well as Rosa and other state officials.
Source: LI Press
