Locust Valley school board adopts Title IX-based policy for bathrooms, locker rooms and athletics

The Locust Valley Central School District Board of Education voted unanimously Tuesday to adopt a resolution directing the district to require restrooms, locker rooms and athletic participation to correspond with a student’s sex as defined under federal Title IX, while continuing to make designated gender‑neutral facilities available.

The action follows months of discussion by the board, public comment and legal briefings about a conflict the board described between certain New York State authorities’ interpretations of state law and recent federal actions and guidance. Board President George Vasilio said the board had tried to balance competing obligations and accommodations, and he described the decision as difficult but necessary.

The resolution says the district will "mandate that all students shall be required to use restrooms and locker rooms that correspond with the student's sex as defined under Title IX of federal law," and that any student who needs an alternative arrangement shall be provided access to a designated gender‑neutral bathroom or locker room. The resolution also directs the district to allow students to participate in physical education and sports consistent with their sex as defined under Title IX. The board voted to approve the resolution and to retain Regano LLC as special counsel to "initiate and/or defend as needed" legal, administrative or enforcement actions related to the resolution.

Why it matters: The board said it adopted the resolution to reduce the risk of federal enforcement actions and potential loss of federal funds, and to provide a uniform district policy that it described as nondiscriminatory and consistent with its legal advice. The resolution cites federal litigation and administrative actions, a presidential executive order and state statutes and court decisions in explaining the board’s legal analysis.

At the meeting, the board read a lengthy legal and factual statement that referenced a string of federal and state developments, including the U.S. Supreme Court’s decisions and lower‑court rulings about the scope of sex‑based protections, and a January 2025 presidential executive order. The board’s statement said there is a "blatant conflict" between the state education department’s interpretation of state law and certain federal positions and that, in the board’s view, Title IX would preempt conflicting state interpretations under the Supremacy Clause in the event of an unavoidable conflict.

Board members acknowledged the personal and community difficulty of the decision. Vasilio said the state law is "missing reasonableness" and that the board sought to provide reasonable accommodations like gender‑neutral rooms. Another board member said the issue had been "not easy" and thanked staff and legal counsel for extensive review.

The board also recorded that it will amend or abolish district policies as needed, including policy 50.4 (student locker rooms and student gender identity) to make the written policies consistent with the resolution. The resolution text states that students "shall not be permitted to use a bathroom or locker room designated for the opposite sex."

The vote and next steps: Board member Matt moved the resolution and board member Lauren seconded it. The board approved the measure in a voice vote; the board announced the result as unanimous. The resolution authorizes the administration to return to the board with specific policy edits to conform district policy to the resolution.

What the district says about accommodations: The resolution explicitly preserves and directs continued access to gender‑neutral restrooms and locker rooms "available for use by all of our students throughout the day," and calls for modifications to existing female locker rooms to "reasonably accommodate the needs of all students and address safety, privacy, social, emotional and other concerns."

Legal authorities and context: The resolution text and the board’s presentation cited Title IX of the Education Amendments of 1972; the Gender Expression Non‑Discrimination Act (GENDA); New York’s Dignity for All Students Act (DASA); the Bruno decision (as discussed in the meeting); federal litigation such as Tennessee v. Cardona and related district‑court orders; and a January 20, 2025, presidential executive order described in the resolution. The resolution and the board’s statement also reference U.S. Department of Justice and U.S. Department of Education guidance issued earlier in 2025.

Community response and public comment: The meeting record shows extended public comment earlier in the session from residents expressing concerns both in favor of strict sex‑based distinctions and in favor of preserving accommodations for transgender students. The board’s unanimous vote concludes the item at the meeting, and board members said they will present specific policy language and implementation steps at future meetings.