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…