The Locust Valley Central School District on Long Island has adopted a new policy that requires students to use bathrooms and locker rooms that align with their sex assigned at birth. The decision, made by a unanimous vote of the seven-member school board, reverses a prior rule that permitted students to use facilities consistent with their gender identity.
Key Takeaways
- The Locust Valley school board unanimously voted to require students to use facilities corresponding to their biological sex.
- This new rule also extends to student participation in sports.
- The policy is nearly identical to one recently passed in the Massapequa school district, which was temporarily blocked by state officials.
- District officials cited conflicting federal and state laws as the primary reason for the change.
Details of the New Policy
The resolution passed by the Locust Valley school board on Wednesday marks a significant shift in district guidelines. Previously, transgender and gender-nonconforming students were permitted to access school facilities that matched their expressed gender identity. The new policy explicitly states that students are not allowed to use bathrooms or locker rooms designated for the opposite sex.
In addition to facility access, the resolution also affects participation in school sports, requiring alignment with biological sex. The board stated that the new rule reflects its commitment to providing a safe and supportive environment for all students while navigating complex legal requirements.
Following a Regional Trend
Locust Valley is now the second school district on Long Island to implement such a policy. The Massapequa school district adopted a similar resolution last month, prompting a swift response from state authorities and civil liberties advocates.
State Scrutiny and Legal Precedent
The New York State Department of Education has taken note of Locust Valley's decision. A department spokesperson, JP O'Hare, described the new resolution as “materially indistinguishable” from the one passed in Massapequa.
Earlier this month, New York Education Commissioner Betty A. Rosa issued a stay on the Massapequa policy. This action prevents the district from enforcing its rule while an appeal filed by the New York Civil Liberties Union (NYCLU) is under review. The NYCLU filed the appeal on behalf of a transgender student's parents.
State Intervention
According to JP O'Hare, the state education department plans to contact the Locust Valley district “in short order” to address the new policy, signaling potential state-level intervention similar to the Massapequa case.
The state's position is that New York law protects the rights of transgender students to use facilities and participate in activities that align with their gender identity. This stance creates a direct conflict with the policies being adopted by these districts.
District Cites Conflicting Legal Mandates
An 'Impossible' Position
During the board meeting, officials explained their decision by pointing to what they described as an “impossible” conflict between federal and state mandates. The resolution referenced a January executive order from former President Donald Trump that recognized only two sexes, male and female, and stated federal funds should not be used to promote “gender ideology.”
Conversely, the district also acknowledged joint guidance from the New York State Attorney General's office and the State Education Department. This guidance declared the presidential statements “legally ineffective” and affirmed that state law continues to protect transgender students.
“The conflict is crystal clear and undeniable, leaving this Board confounded as to which ‘law’ we are required to follow,” the resolution stated.
Board President's Remarks
School board president George Vasiliou expressed the difficulty of the decision before the vote. He noted that he had “struggled with this enormously” and acknowledged the divisive nature of the issue within the community.
“Regardless of which way we go, we will upset and disappoint members of our community,” Vasiliou said. He mentioned that board members would face criticism, being labeled either “cowardly” or “transphobic” depending on the outcome.
Accommodations and Financial Concerns
In an effort to provide alternatives, the Locust Valley district has been working on accommodations for transgender students. Vasiliou stated that the district has invested over a year in constructing gender-neutral bathrooms and locker rooms. He also noted that female locker rooms have been renovated to better accommodate the needs of all students.
- Gender-Neutral Facilities: The district has built separate, single-use facilities.
- Renovations: Existing female locker rooms have been updated.
- Board's Stance: Vasiliou argued that providing these “reasonable accommodations” should be within the board's authority.
The district also cited financial risk as a factor in its decision. Board members expressed concern over potentially losing federal aid, pointing to an ongoing dispute where the U.S. Education Department withheld millions in funding from New York City public schools due to their transgender student policies.
District Budget Overview
The Locust Valley district's 2025-26 budget totals $98 million. The majority, $90 million, is funded by property taxes, with $5 million coming from state aid. The district did not specify the amount of federal aid it currently receives.
To navigate the legal challenges, the Locust Valley board has retained the Melville-based law firm of Nicholas Rigano. This is the same attorney representing the Massapequa school district in its ongoing case regarding its transgender student policy.
In a statement, the board affirmed its focus on supporting the well-being of all students and families while it awaits “further guidance on the rule of law pertaining to this matter.”
