Several members of school districts on Long Island and in Schenectady, including the head of the Massapequa school board, are suing New York Attorney General Letitia James and other state officials over guidance that aims to protect LGBTQ+ students from harassment and bullying.
The federal lawsuit, which was filed on Tuesday, alleges that a May letter issued by James and Education Commissioner Betty Rosa unlawfully chills free speech at school board meetings by threatening the removal of board members who misgender students or allow comments questioning state protections for transgender youth.
The lawsuit comes as the Trump administration continues efforts to roll back legal protections for LGBTQ+ Americans and as several New York school districts challenge state human rights laws that prohibit discrimination based on students' sexual orientations or gender identities.
In Nassau County, local officials are already defending a separate lawsuit over a proposed ban on trans athletes. And in Western New York, a transgender sprinter is suing SUNY Geneseo, alleging she was barred from competing in a women’s race earlier this year.
Tuesday’s lawsuit focuses specifically on a May 8 guidance letter from James and Rosa. The letter warned school boards not to tolerate harassment of LGBTQ+ students during public comment periods, including speech that misgenders students or dismisses their identities as illegitimate.
“School boards should not entertain baseless allegations that transgender students’ identities and experiences are illegitimate, or that their mere presence in school spaces and participation in school activities is harmful to other students," the letter says.
It continues, “Nor should boards allow individuals to intentionally misgender district students — a practice that, according to research, leads to feelings of stigmatization and emotional harm, including anxiety, depression and stress.”
The Southeastern Legal Foundation filed the lawsuit on behalf of Kerry Wachter, president of the Massapequa school board; Danielle Ciampino, a member of the Rotterdam-Mohonasen Central School District board; and Sarah Rouse and Isaac Kuo, two parents in the Rockville Centre Union Free School District.
The complaint argues that the guidance is unconstitutional because it compels school board members to "self-censor and shut down parent speech that advocates for their core values and for children’s privacy, safety and opportunity."
It asks a federal judge to block enforcement of the letter and declare that James, Rosa and members of the state Board of Regents cannot suppress dissenting views on issues related to student gender identity at public meetings.
“Letitia James’ policies that say students cannot speak at their own school board meetings about the stress and problematic policies around accommodating trans athletes are anti-American and anti-constitutional,” Southeastern Legal Foundation President Kim Hermann said in a statement. “Letitia James’ policies that say school board members in New York can be removed from office just for using the biologically correct pronoun for a trans student are not only repressive but blatantly disregard the value of free speech for the citizens she represents.”
The lawsuit names James, Rosa and the entire New York State Board of Regents, the governing body for education in the state, as defendants.
None of the named officials immediately responded to requests for comment on Tuesday.
The Massapequa school board has previously clashed with state education officials over New York’s ban on Native American mascots. That dispute is now under federal review, after the Trump administration referred the case to the U.S. Department of Justice earlier this year.
