Case: Massapequa Union Free School District v. Rosa
2:25-cv-05892 | U.S. District Court for the Eastern District of New York
Filed Date: Oct. 21, 2025
Case Ongoing
Clearinghouse coding complete
Case Summary
This is a Title IX challenge to a school district’s bathroom and locker room policies based on biological sex.
Beginning in the summer 2025, the U.S. Department of Education undertook numerous enforcement actions against school districts nationwide who permitted students to use bathrooms, locker rooms, and other facilities in accordance with their gender identity. The actions were grounded in Title IX and concluded actions resulted in the imposition of penalties. The Massapequa Union Free School District responded by passing two resolutions that required students to use restrooms and locker rooms in accordance with their biological sex (the “Resolutions).
In a September 24, 2025 letter to the District, the New York State Education Department (“NYSED”) and its Commissioner stated that Resolutions violated state law. Then, in early October of that year, two parents, on behalf of their minor transgender daughter, filed a petition with the Commissioner, alleging that the Resolutions were discriminatory under State Law. The Commissioner granted a stay, thereby preventing the District from enforcing the Resolutions while the administrative proceedings were ongoing.
On October 21, 2025, the Massapequa Union Free School District, and its Board of Education, brought a lawsuit in the U.S. District Court for the Eastern District of New York, alleging that they were placed in an impossible position: violate Title IX or violate the Commissioner’s stay. The plaintiffs sued the Commissioner of Education, the Commissioner of the New York State Division of Human Rights, the Attorney General of the State of New York, and the parents that had initiated the administrative proceeding. Represented by private counsel, the plaintiffs sought a declaratory judgment and related injunctive relief: (i) that the plaintiffs’ resolutions comply with and do not constitute a violation under Title IX, and (ii) that Title IX preempts New York’s antidiscrimination laws to the extent the court finds that those laws conflict. The case was assigned to Judge Joan M. Azrack and Magistrate Judge Arlene R. Lindsay.
The plaintiffs filed an amended complaint on December 5, 2025, adding the U.S. Department of Education and the U.S. Secretary of Education as new defendants.
On February 17, 2026, the private parents were voluntarily dismissed by the plaintiffs.
As of April 10, 2026, this case is ongoing.
Summary Authors
Madilynn O'Hara (1/7/2026)
Chise Mori (4/10/2026)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71715738/parties/massapequa-union-free-school-district-v-rosa/
Azrack, Joan Marie (New York)
Rigano, Nicholas (New York)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/71715738/massapequa-union-free-school-district-v-rosa/
Last updated April 10, 2026, 5:08 p.m.
Case Details
State / Territory:
Case Type(s):
Key Dates
Filing Date: Oct. 21, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
A school district in New York
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Private Entity/Person
Jane Doe and John Doe (on behalf of their minor daughter)
State
Attorney General of the State of New York
Commissioner of Education
Commissioner of the New York State Division of Human Rights
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Title IV, Civil Rights Act of 1964, 42 U.S.C. § 2000c et seq.
Other Dockets:
Eastern District of New York 2:25-cv-05892
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
General/Misc.:
Discrimination Area:
Discrimination Basis:
Affected Sex/Gender(s):
LGBTQ+:
Case Summary of Massapequa Union Free School District v. Rosa, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/47623/ (last updated 4/10/2026).