The Locust Valley School District filed a federal lawsuit on Wednesday, Dec. 17, against the state’s education commissioner, as well as other state and federal officials, saying it has been put in an “impossible position” over its gender policy.
Locust Valley became the second Nassau County school district to reject state regulations and adopt the federal guidelines, implementing the federal definition of Title IX, which denies transgender students access to their preferred locker rooms and bathrooms. The Massapequa School District also did so in September.
Betty Rosa, the state education commissioner, put a stay order on both districts’ policies. The Massapequa School District filed litigation against the decision in November,
The Locust Valley School District argues that the U.S. Department of Education has penalized school districts that allow students to play sports and use facilities “in accordance with their gender identity.” The federal agency has cited Title IX, a federal civil rights law that bans sex-based discrimination in education programs, and President Donald Trump’s executive order that said federal funds could not be used to “promote gender ideology.”
According to court documents, the district is asking for a ruling that says federal law preempts state regulations and prevents state officials from taking “enforcement action” against it.
The Massapequa School District’s Board of Education president and three other state residents filed suit against several state officials earlier this month, claiming that school board members are being forced to censor themselves as well as members of the public on issues involving transgender students.
The district’s Board of Education said it is continuing to navigate the legal process regarding its policy.
“We remain committed to providing students and staff with a safe and comfortable learning environment where they each feel valued and respected,” the board said in a statement.
The board also said it seeks to ensure that the district is not at risk of losing either state or federal funding.
In the midst of the school district’s fight to keep its gender policy, one of its board members has stepped down from her role, citing different beliefs than other board members.
Trustee Lauren Themis posted on Facebook on Wednesday, Dec. 17, saying that she resigned effective immediately, concluding her six years of service.
She wrote that her morals and beliefs guided her decision-making while on the board, and that although her heart remains hopeful for Locust Valley, she felt she had no choice but to leave the board.
“Unfortunately, based on my experience, the actions and decisions of certain board members and administrators left me with no alternative but to resign. As I raised concerns related to transparency, governance, academic accountability, spending, Title IX, and ideological programming, I experienced increasing hostility that extended beyond board business and affected my family life and volunteer service. No volunteer elected official should be placed in such a position, and I could not continue without compromising my morals or values.”
The district’s Board of Education said it acknowledged Themis’ resignation and thanked her for her service.
“The board remains fully committed to its work on behalf of all students, staff, and the broader school community,” the board said in a statement. “We look forward to focusing on our priorities to help strengthen academic and athletic excellence, ensure honest, transparent, and ethical governance, and maintain high fidelity to the district’s mission, policies, and long-term strategic goals.”
