The Massapequa Union Free School District has filed a complaint challenging state and federal policies regarding gender identity in schools. The lawsuit was brought against Betty A. Rosa, Commissioner of Education; Denise M. Miranda, Commissioner of the New York State Division of Human Rights; Letitia A. James, Attorney General of New York; and other officials.
The case is in response to guidance from the United States Department of Education (USDOE), which asserts that allowing students to use facilities aligned with their gender identity is required under Title IX. The Massapequa School District passed resolutions in September 2025 requiring students to use restrooms and locker rooms according to their biological sex, while providing access to gender-neutral facilities.
State officials argue that these resolutions violate New York’s anti-discrimination laws. Commissioner Rosa issued a letter stating that the policy was in violation of state law. A petition was also filed under New York State Education Law section 310 on behalf of a transgender student, alleging discrimination.
The district maintains that its policy is neutral and compliant with federal and state law. It asserts that it faces conflicting directives from state authorities and federal agencies and seeks clarity from the court.
The plaintiffs request declaratory and injunctive relief, including confirmation that their resolutions do not violate Title IX or state law, an order preventing state enforcement actions, and a finding that Title IX preempts any conflicting state law.
The plaintiffs are represented by attorneys Nicholas C. Rigano of Rigano LLC and Susan Greene of Holtzman Vogel Baran Torchinsky & Josefiak PLLC. The case was filed in the United States District Court for the Eastern District of New York under Case No. 25-5892.