The Massapequa Board of Education is scheduled to meet tonight for the first time since the New York Education Department ruled the school district could not enforce its transgender bathroom policy.

The policy, which the board adopted as a resolution last month and then later approved, banned students from using bathrooms and locker rooms that align with their gender identities. The policy cited Title IX and an executive order signed by President Donald Trump on his first day back in office, mandating the U.S. recognize only two sexes.

"The Board recognizes its duties, obligations, and responsibilities to uphold federal law and to safeguard the privacy, dignity and safety of its students," the Sept. 9 resolution read in part.

But last week, the state issued a stay preventing the district from enforcing that policy after the New York Civil Liberties Union filed an appeal on behalf of a transgender student in the district.

"The Massapequa School Board’s job is to protect and support the young people entrusted to their care," New York Civil Liberties Union educational counsel Emma Hulse said in a statement on Oct. 3 when announcing the appeal. "Instead, they are abusing their power and authority to target vulnerable students for who they are."

Last week, the Locust Valley School District became the second on Long Island to adopt a transgender bathroom policy. The school board agreed that students can only use bathrooms and locker rooms that align with their biological sex.

The decision came after the state had already determined that Massapequa cannot enforce its policy. A spokesperson for the state called Locust Valley's policy "materially indistinguishable" from Massapequa's, though the board disagreed.

Both Locust Valley and Massapequa agreed to continue offering gender-neutral facilities for students.

A spokesperson for the Massapequa School District declined to comment ahead of tonight's meeting. News 12 reached out to the state education department for comment, but had not yet heard back.

Tonight's board meeting is scheduled to take place at Massapequa High School at 6 p.m. The specific policy is not on the agenda, but a public comment is listed, which could allow those in the district to voice their concerns.