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Board hears legal briefing: New York law requires access to facilities based on gender identity; district outlines safety measures

January 03, 2025 | ROCKVILLE CENTRE UNION FREE SCHOOL DISTRICT, School Districts, New York


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Board hears legal briefing: New York law requires access to facilities based on gender identity; district outlines safety measures
At the Rockville Centre Board of Education’s Jan. 9 regular meeting, counsel Howard Miller told the board that New York law protects gender identity and that school districts risk enforcement actions if they deny transgender students access to bathrooms and locker rooms consistent with their gender identity.

Miller, of the law firm Bond, Schoeneck & King, told the board that the State Human Rights Law was amended in 2019 to make gender identity a protected characteristic and that student claims can be filed at the New York State Division of Human Rights. “Under the law, students can use bathroom and locker room facilities in accordance with their gender identity,” Miller said. He advised the board that complaints filed with the State Division of Human Rights are heard by administrative law judges and that remedies there can include substantial damages.

The counsel also warned that the New York State Education Department (NYSED) enforces its own guidance and that the commissioner of education can withhold state aid for noncompliance. “If we lose and the commissioner of education were to find out about it, the commissioner of education under 306 of the education law could remove our state aid,” Miller said.

Superintendent Gavin described how those legal obligations are translating into day‑to‑day practice in Rockville Centre schools. He said the high school stations adults outside boys’ and girls’ bathrooms, requires students to sign in to use the facilities, records entry and exit with cameras placed outside (not inside) bathrooms, props main bathroom doors open so staff can hear inside, and has security guards sweep bathrooms regularly. Gavin also said single‑occupancy bathrooms and privacy stalls in locker rooms are available to any student and that staff work with students and families one‑on‑one when a student raises identity or privacy concerns. “We can explore establishing separate areas for students, any students that feel uncomfortable changing in front of other students,” Gavin said.

Public comment on the topic was extensive and sharply divided. Deborah Zuckerman, a Rockville Centre resident who identified herself as the parent of a transgender daughter, thanked the district for complying with state law and for supporting her child. Other speakers, including Roxanne Rizzi and Karen Johnson, raised safety concerns and asked for details on the number and locations of single‑occupancy restrooms; Gavin offered to provide that information by email.

Board members said they were deferring to counsel on the legal interpretation while pressing administration for clear, practical safety steps. Several trustees praised the district’s stated approach to privacy and monitoring; others said they remained concerned about supervision and asked for further details on staffing and budget impacts.

The board did not adopt a new policy at the Jan. 9 meeting. Counsel and administration said they would revise policy language where necessary and provide follow‑up information to the board and the public. The board also directed that the two draft calendar options and other documents be posted for further public feedback before a February vote.

Why it matters: The board’s discussion made explicit that, under current state law and agency guidance, districts that deny transgender students access to facilities consistent with their gender identity face administrative enforcement and potential financial penalties. The legal and practical balance between student privacy, safety, and compliance remains a central issue shaping local policy and community debate.

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