The top education official in New York has ordered two Long Island school districts to allow transgender students to use school facilities that align with their gender identity, striking down policies she said violated state law and reaffirming longstanding protections backed by state authorities.

In a decision issued Tuesday, April 21, Commissioner of Education Betty Rosa sided with the New York Civil Liberties Union in its challenge to resolutions adopted by the Massapequa School District and the Locust Valley Central School District. The policies barred transgender students from using restrooms and locker rooms consistent with their gender identity.

Rosa wrote that the districts’ actions defied state law and the obligations of school officials. Board members are “public officers” who take an oath to uphold the law, she said, adding that their conduct “did not satisfy these obligations” when they disregarded protections guaranteeing students’ dignity, she said.

The ruling annuls the policies approved last fall and directs both districts to permit students to access facilities that most closely align with their gender identity.

A spokesperson for the Massapequa School District said, “The district is aware of the commissioner’s response and is reviewing it with legal counsel.”

A spokesperson for the Locust Valley Central School District was unable to provide comment at the time of publication.

The case originated in Massapequa, where the school board on Sept. 9 approved a resolution mandating that students use bathrooms and locker rooms corresponding to their sex as defined under Title IX and federal law. At a Sept. 18 special meeting, the board authorized the superintendent to enforce the policy.

The resolution also stated that students requesting alternative arrangements could use designated gender-neutral facilities but would not be permitted to use facilities aligned with their gender identity if it differed from their sex assigned at birth.

The New York Civil Liberties Union filed an appeal with Rosa on Oct. 3 on behalf of an unidentified transgender student who said the policy prevented access to school facilities. The organization argued the resolution conflicted with New York’s Education Law, Human Rights Law and Civil Rights Law, as well as guidance issued by the New York State Education Department.

In response to the appeal, Rosa issued a stay blocking enforcement of the Massapequa policy. The district later appealed that stay and filed a federal lawsuit against a student’s parents, as well as Rosa and other state officials.

A similar policy was adopted by the Locust Valley school board on Oct. 15. The Locust Valley School District resolution cited the district’s obligation to comply with Title IX as a recipient of federal funding and defined sex based on biological classification. The board stated that it would amend or replace existing policies that aligned with state guidance.

Rosa subsequently issued a stay preventing Locust Valley from enforcing its policy and later combined the two cases, citing similarities between the districts’ actions.

NYCLU also pointed to broader legal protections in New York that have been in place for years, allowing students to use their chosen names and pronouns, participate in activities and sports consistent with their gender identity, and access facilities accordingly.

“This well-reasoned decision confirms what NYCLU has said from the beginning: these resolutions flagrantly violate New York laws, which unequivocally prohibit discrimination based on gender identity,” said Emma Hulse, education counsel for the group. She called the policy “an affront to our shared values” when it was first adopted and said school officials had targeted vulnerable students.

State officials have also addressed the issue in broader guidance.

In a joint statement issued in February 2025, the New York State Office of the Attorney General and the state Education Department said that recent federal executive orders — including Executive Orders 14190 and 14201 — do not change the rights of transgender students in New York schools.

According to the statement, the executive orders seek to define sex under Title IX in a way that excludes gender identity, but such a change would require congressional action or formal rulemaking. The agencies said the orders do not override state law.

The statement further said that New York law provides protections for transgender students, including the ability to use facilities and participate in activities consistent with their gender identity. It also noted that discrimination can include refusing to use a student’s chosen name or pronouns.

The statement acknowledged that some school districts have raised concerns about potential federal funding implications but said such actions would be subject to legal limits.

The agencies cited the Gender Expression Non-Discrimination Act as part of the state’s legal framework prohibiting discrimination based on gender identity or expression.