Long Island school district slapped with NYCLU lawsuit over transgender bathroom ban: ‘They are abusing their power’

A Long Island school district, which launched a new controversial bathroom policy barring transgender students from using restrooms based on their gender identity, has been hit with a civil rights lawsuit.

The Massapequa school district’s Board of Education unanimously approved the policy in September, ordering all students to use restrooms and locker rooms based on their biological sex as defined under federal law.

The New York Civil Liberties Union filed suit Friday with state Education Commissioner Betty Rosa on behalf of a transgender student, who the civil rights group claimed has been singled out and forced into uncomfortable, separate facilities.

“The Massapequa School Board’s job is to protect and support the young people entrusted to their care — instead, they are abusing their power and authority to target vulnerable students for who they are,” said Emma Hulse, an attorney for the NYCLU.

The NYCLU argued that the rule violates state, human and civil rights laws, as well as New York’s education regulations that explicitly protect students based on gender identity and expression.

The group is now asking Rosa, who has the authority to overturn public school district policies, to overturn the new rule and reaffirm that transgender students are entitled to use facilities consistent with their identity under state law.

“All students have a right to safe, inclusive learning environments, and trans students are no different,” Hulse added, calling the rule change “hateful.” 

In a statement, the Massapequa Board of Education agreed with the NYCLU on its purpose to protect children and said that its “priority has always been — and will continue to be — the safety, dignity, and well-being of all students” — but disagreed wholeheartedly on what that means. 

“We intend to follow all applicable laws while also fulfilling our responsibility to provide a safe and respectful learning environment for every student and for our school community as a whole,” the Board of Education said in a statement. 

The policy, passed on Sept. 9, directs administrators to restrict bathroom and locker room access based on a student’s biological sex,” citing federal law and Title IX — the 1972 civil rights statute barring sex discrimination in education — as its justification.

Under the district’s new rule, students can request not to use the locker room associated with their biological sex — allowing trans students to opt for an alternative designated gender-neutral restroom, while still barring them from entering facilities for the opposite sex, according to the resolution.

The board cited a January executive order signed by President Trump defining sex as “an immutable biological classification” that “does not include gender identity.” 

The resolution also referenced a federal court opinion claiming that “ignoring biological differences between the sexes deprives women and girls of meaningful access” to school facilities.

The legal fight was announced just days before a state judge tossed another NYCLU suit, on Monday, upholding Nassau County’s ban on transgender athletes using county-run sports facilities — ruling that Republican County Executive Bruce Blakeman’s executive order did not violate state law. 

The ruling — which effectively cemented the county ban — marked a major win for Republicans backing the restrictions and could set a precedent for how the state handles Massapequa’s case.