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Massapequa board adopts Title IX-aligned restroom policy and authorizes litigation

September 11, 2025 | MASSAPEQUA UNION FREE SCHOOL DISTRICT, School Districts, New York


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Massapequa board adopts Title IX-aligned restroom policy and authorizes litigation
The Massapequa Board of Education voted to adopt a policy requiring students to use restrooms and locker rooms that correspond with the student’s sex as defined under Title IX of the Education Amendments of 1972 and authorized outside counsel to pursue litigation challenging federal civil‑rights interpretations.

The policy, adopted by a board vote during the meeting, says students who request an alternative arrangement will be provided access to a designated gender‑neutral facility but “shall not be permitted to use facilities designated for the opposite sex.” The board directed the superintendent to revise district policies, procedures and communications to reflect compliance with Title IX, provide staff training and ensure transparency in implementation.

The resolution text references federal authorities and executive guidance, including Title IX, the Supreme Court decision Bostock v. Clayton County (2020), and Executive Order 14168, and states the district will act to “safeguard the privacy, dignity, and safety of its students.” In a separate, board‑approved walk‑on resolution, the board authorized its special counsel, Nicholas Regano of Holtzman Vogel, to commence litigation in federal or state court for declaratory relief related to potential federal civil‑rights actions.

The board recorded the motions and the vote as passed (the meeting record shows the clerk asking “All in favor? Aye”). The resolution also states the district will continue to provide reasonable accommodations, including access to gender‑neutral facilities, to address students’ needs while implementing the policy.

District officials did not provide further detail at the meeting about how the new policy will be implemented at individual schools, how many students might be affected, or the expected timeline for litigation. The superintendent was directed to bring revised policy language and training plans back to the board, and legal action, if pursued, will proceed through the special counsel named by the board.

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Scribe from Workplace AI
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