The Massapequa school district cannot enforce a new policy barring transgender students from using bathrooms and locker rooms that align with their gender identities, according to a stay issued by the state education commissioner this week.

Betty A. Rosa, the education commissioner, issued her ruling Tuesday following an appeal by the New York Civil Liberties Union , which is representing the parents of a Massapequa transgender student.

Rosa wrote that the stay is "pending an ultimate determination of the appeal."

The Massapequa school board adopted a resolution on Sept. 9 requiring students to use bathrooms and other facilities that "correspond with the students’ sex as defined under Title IX and federal law." The resolution cited a federal opinion and an inaugural executive order

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