A Long Island school system has been prohibited from carrying out its ban on transgender students using bathrooms and locker rooms that do not match their biological sex, after New York’s Education Commissioner issued a statewide freeze on the policy.
Locust Valley’s decision, adopted just a month ago by its school board, was nearly identical to a ban that was recently frozen in Massapequa. The commissioner’s directive, released on November 18, requires the district to follow the Commissioner’s interpretation of state law, which permits students to use facilities that align with their gender identity.
The freeze now ties Locust Valley’s situation to the legal fight already underway in Massapequa, where the New York Civil Liberties Union sued the district on behalf of a transgender student. In October, the commissioner had already imposed an interim stay preventing Massapequa from enforcing its resolution “pending an ultimate determination.” That stay was expanded to include Locust Valley because of the “near identical nature” of their policies.
Both districts’ policies had stipulated that all pupils must use bathrooms and locker rooms that corresponded to the sex assigned at birth.
In a statement, the Locust Valley board said it was “navigating a complex and evolving legal landscape shaped by federal and state mandates” and that it was “pursuing further legal counsel” as it dealt with the repercussions of the commissioner’s order.
The district officials had repeatedly cited Title IX and a 2021 executive order by former President Trump that recognizes only two sexes—male and female—and warned that federal funds “shall not be used to promote gender ideology.”
In contrast, New York state law protects transgender students’ right to use restrooms and locker rooms that reflect their chosen gender identity. Following the freeze, Massapequa escalated the dispute by filing a federal lawsuit against the parents of the student, the commissioner, and other state officials. The outcome of that case could have significant implications for Locust Valley, according to the commissioner’s order.
Both districts are represented by lawyer Nicholas Rigano, who did not respond to a request for comment.
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