A group of New York school board members and parents has filed a federal lawsuit against Attorney General Letitia James, New York Commissioner of Education Betty Rosa, and the State Board of Regents, challenging a May 2025 guidance letter that they say infringes on free speech rights.
The guidance, issued to school boards across the state, cautioned members against discussing issues related to transgender students, including locker room access and participation in school sports. It also instructed officials to use students’ preferred pronouns and warned that failure to comply could result in removal from office. Plaintiffs assert that the letter restricts discussion of student safety concerns and forces both officials and parents to endorse certain viewpoints.
The Southeastern Legal Foundation (SLF), representing the plaintiffs, filed the lawsuit on behalf of Massapequa School Board President Kerry Wachter, board member Danielle Ciampino, and parents Sarah Rouse and Issac Kuo from the Rockville Centre Union Free School District. The group contends that the guidance compels speech and suppresses dialogue about the experiences of students in schools.
According to the lawsuit, school board members have been discouraged from allowing students or parents to express discomfort or concerns about policies that permit biological males to use girls’ locker rooms or participate in sports teams designated for females. Plaintiffs maintain that this restriction has created a chilling effect on open discussion at board meetings.
SLF President Kim Hermann highlighted the significance of the case, pointing out that policies allowing school board members to be removed for using “the biologically correct pronoun for a trans student” are not only repressive but also undermine the value of free speech for New York citizens.
The New York Attorney General’s office has declined to comment directly on the lawsuit but characterized the guidance as an explanation of existing state laws and regulations.
