Locust Valley School Bathroom Gender Ban Policy Struck Down By NYS

LOCUST VALLEY, NY — The New York State Education Commissioner has struck down a policy by the Locust Valley School Board that would require students to use bathrooms and locker rooms that correspond with their biological sex rather than preferred gender identity.

Commissioner Betty A. Rosa issued the ruling on Monday, ordering both the Locust Valley and Massapequa school districts to allow students to use the facilities that they feel "most closely align" with their gender identity, including gender-neutral facilities.

"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, shared on the New York Civil Liberties Union's website. "Respondents' conduct - disregarding State law to deprive students of the dignity to which they are entitled - did not satisfy these obligations."

There has been a debate about the policy being in accordance with state versus federal law. In President Trump's Executive Order 14168, it's stated that the federal government recognizes two genders assigned at birth – male and female.

Comments:

When asked for a comment on this week's ruling, the LVCSD BOE responded to Patch with a statement:

"The district is aware of the commissioner's response and is reviewing it with legal counsel."

NYSED Director of Communications JP O'Hare said that NYS 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," he 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."

Timeline:

The Title IX resolution that mandated Locust Valley students use facilities that aligned with their biological sex was adopted on Oct. 15, 2025.

The NYCLU, an NYS-affiliate of the national ACLU working to protect civil rights and liberties, challenged the initial policy enacted by LVCSD and the Massapequa School District. Rosa issued a Stay Order, or temporary block, which LVCSD complied with.

LVCSD stated they would follow the Commissioner's interpretation of state law, temporarily reversing its Oct. 15 resolution. The district claimed that they would have to either "disobey the Commissioner's stay to comply with Title IX," with possible enforcement action by NYS, or "violate Title IX to comply with the Commissioner's stay," and possibly subject themselves to enforcement on a federal level.

On Dec. 17, 2025, the LVCSD filed the lawsuit against Rosa and other top state and federal officials over the transgender bathroom policy. This was filed the same day as Locust Valley BOE Trustee Lauren Themis resigned.

In the federal lawsuit filed in the U.S. District Court's Eastern District, Locust Valley claimed they have been put in "an impossible position" by Rosa's Stay Order and that the order violates federal law.

The district claimed that they would have to either "disobey the Commissioner's stay to comply with Title IX," with possible enforcement action by NYS, or "violate Title IX to comply with the Commissioner's stay," and possibly subject themselves to enforcement on a federal level.

After months, Rosa announced on April 20 that the policy violated multiple state laws by barring transgender students from using the facilities they identify with.