Massapequa and Locust Valley School Districts have been two schools in recent weeks whose transgender-bathroom and locker-room policies were blocked by the New York State Department of Education (DOE) and its commissioner, Betty Rosa.
Both Massapequa and Locust Valley have adopted policies requiring students to use bathrooms and locker rooms based on the sex assigned at birth. But those policies were quickly questioned and drew legal challenge from the New York Civil Liberties Union (NYCLU). They argued that the policies violated state civil rights and education laws protecting gender identity and expression.
The decisions by New York State Education Commissioner Betty Rosa to block bathroom and locker-room policies in Massapequa and Locust Valley show that the State is firmly reinforcing its legal protections for transgender students. By intervening, New York is signaling that local school boards cannot override statewide nondiscrimination policies, and that transgender students’ access, safety, and dignity must be upheld.
The State Education Department said the policies conflicted with New York’s Human Rights Law, the Dignity for All Students Act, and the 2019 Gender Expression Non-Discrimination Act (GENDA). The state argues the laws collectively prohibit discrimination based on gender identity or expression and require schools to treat transgender students according to their affirmed gender. The department also said the districts’ policies could expose them to legal liability and violate interpretations of federal Title IX.
These two districts are the only ones so far that have been publicly blocked under State intervention. These two cases are part of a nationwide wave of disputes over transgender student rights, school bathroom and locker room access, and how schools balance local, state, and federal law.
“This is another fine example of my NYC Democrat majority colleagues in Albany not fully anticipating the consequences of enacting laws which purport to protect New Yorkers, but in practice will prevent our schools from separating our male and female students in their bathrooms, locker rooms, and showers,” said Assemblyman Doug Smith (R-Holbrook), Ranking Republican Member of the Assembly’s Education Committee. “The language of the law is important, and the State Education Department is being put in an impossible position by far-left Democrat politicians. It’s time we allow the State Education Department to get back to providing academic support services to our schools and students.”
Assemblyman Mike Fitzpatrick (R-St. James), who also opposes the state’s intervention, argued that the decision reflects what he considers an overly progressive agenda from the Board of Regents and Commissioner Rosa.
“I strongly disagree,” Fitzpatrick said. “This is a very left-wing, very uber-progressive Board of Regents. The districts are governed by their communities. We believe in local control, and these two communities believe that there should be boys’ and girls’ bathrooms. But she has overruled them and injected her uber-progressive views.”
As the legal challenges continue, both sides remain firm in their positions, with state officials emphasizing New York’s commitment to protecting transgender students’ rights. At the same time, some lawmakers and community members argue for local control over school policies. For now, the commissioner’s orders remain in effect, and both districts must comply with state nondiscrimination rules while the courts and education agencies determine the next steps. The outcome of these cases could have lasting implications for how school districts across New York and potentially the nation navigate the intersection of student rights, community values, and state authority.
