Massapequa, NYCLU Make Final Filings On Bathroom Policy

MASSAPEQUA, NY. — The Massapequa School District and New York Civil Liberties Union made their final filings before the New York State Education Commissioner this week, leaving the fate of the district’s controversial bathroom and facilities policy in the hands of state officials.

Adopted in September, the policy would bar students in the Massapequa district from using bathrooms, locker rooms and other gendered facilities that align with their gender identity. District officials said the policy would bring the district into compliance with Title IX and federal law, citing President Donald Trump’s Executive Order 14168 when adopting the policy. That executive order defines sex as binary, immutable and exclusive of gender identity.

The New York Civil Liberties Union challenged the policy on the behalf of the Doe family, whose child attends Massapequa schools, in October. The civil liberties group contends that the policy violates New York state civil rights, education and human rights laws. Those laws have included gender identity and gender expression as protected classes since 2019.

The district was enjoined from enforcing the policy on Oct. 14, 2025, by New York State Education Commissioner Betty Rosa.

In their final filings this week, the NYCLU said that the resolutions adopting the policy should be annulled, contending that they violate the Dignity for All Students Act (DASA) and unlawfully discriminate on the basis of gender identity.

The civil liberties group further said in its court filings that there is no conflict between Title IX and the state laws, including DASA. Massapequa had previously contended that the state law was preempted by federal law including Title IX.

In a statement this week, the Massapequa Board of Education said its final filing before the commissioner was due at the end of the week. The BOE also said in that statement that Rosa should recuse herself in this matter, saying previous actions by the commissioner had raised concerns about her ability to rule impartially on the bathroom policy.

“We continue to maintain that recusal is appropriate and necessary to preserve the integrity of the process. The Commissioner's office forwarded to Petitioner's counsel a private letter that the Commissioner had issued to the President of the Massapequa School District within seconds of transmitting it to the district and, soon thereafter, Petitioner filed their action,” the board said in a statement. “These communications between the Commissioner's office and Petitioner's counsel raise significant concerns about the Commissioner's ability to serve as a fair and impartial decision maker in this matter. Our position is that all parties deserve a process free from even the perception of bias or that an outcome has been predetermined. Circumstances here have undermined that standard.”

In its filings, the civil liberties group said recusal wasn’t necessary, arguing that the communication between Rosa and the NYCLU fell under the scope of the state education commissioner's duties and did not constitute coordination between the two.

In its statement, the board of education also said that its ultimate goal was to uphold the rights, safety and wellbeing of Massapequa students.

“As this matter proceeds, we remain committed to upholding the rights, safety, and wellbeing of all students, including their right to dignity and privacy in accessing intimate spaces,” the board said. “We will continue to prioritize complying with applicable law and ensuring that families can rely on a safe learning environment.”

Sources close to the matter said it could take months before a ruling is handed down. Whenever that ruling arrives, parties dissatisfied with it could file an appeal in New York State Supreme Court. If Rosa does recuse herself from this matter, another adjudicator would be appointed.