Kamehameha Schools face legal challenge over long-standing admissions policy

Kamehameha Schools is prepared to fight a lawsuit challenging its long-standing admissions policy that prioritizes students of Native Hawaiian descent.

On Monday, Students for Fair Admissions filed a lawsuit against Kamehameha Schools, targeting its admissions policy, which gives preference to Native Hawaiians.

This school policy was directed by the will of Ke Aliʻi Pauahi, a chiefess of the Hawaiian Kingdom, nearly 132 years ago.

Pauahi established her private will on Oct. 31, 1883, dedicating some of her vast landholdings and assets to a trust to create a school for Native Hawaiians in perpetuity. Since its first school opened in 1887, Kamehameha Schools has honored its founder, Ke Aliʻi Pauahi, who passed on the responsibility to care for her land and educate future generations to lead, compete, and restore and sustain her people’s well-being.

Students for Fair Admissions, a Virginia-based group, filed the lawsuit this week on behalf of two anonymous non-Hawaiian families, arguing that Kamehameha’s “race-based admissions policy is illegal.”

Kamehameha Schools stated on its website that the school is entirely privately funded and receives no state or federal assistance. It has been dedicated to teaching Native Hawaiians since its opening in 1887. Shortly after the lawsuit was filed, the school released a statement to all students, parents, educators and alumni.

“We are ready for this challenge. We are resolved to vigorously defend our admissions policy and will engage every legal and operational resource to protect Ke Aliʻi Pauahi’s will. The facts and the law are on our side, and we are confident that we will prevail. With courage and aloha, we will stand strong together.”

On Tuesday, hundreds gathered in front of ʻIolani Palace in Honolulu to express support for Kamehameha Schools. Although CEO Jack Wong was not in attendance, Crystal Kauilani Rose, the chair of the school’s Board of Trustees, relayed his message to the crowd.

“This is a time for courage, faith and unity. As CEO, I stand with our trustees, staff and the entire ʻohana in defending Ke Aliʻi Pauahi’s will and the sacred mission she entrusted to us. Guided by what is pono (right), we know who we serve and why this work matters. Our mission to uplift Native Hawaiians through education remains as vital today as when Pauahi wrote her will.”

Wong and Rose both worked in prior lawsuits filed against Kamehameha Schools, with Wong serving as general counsel and Rose as one of the outside attorneys.

“We won 20 years ago,” Rose said. “We understand the law and the facts, and the law and the facts are on our side. We will fight these legal challenges to our admissions policy with all the resources available to us. We are warriors. We fight, we win.”

A court decision in the 2003 lawsuit stated that the policy giving preference to Native Hawaiians for admission to Kamehameha Schools “serves a legitimate remedial purpose,” aimed at helping them maintain their socioeconomic status, culture, and participate in governing their communities.

While history has generally favored Kamehameha’s admissions policy, there are concerns this time due to the higher number of conservative judges in federal courts.

Kamehameha Schools does not have a kindergarten through 12th grade campus on Kauaʻi, but it does offer educational programs and support through its Kamehameha Schools Kaiāulu (community-based) programs, including preschools, and the Kamehameha Schools Association of Kauaʻi (KSAK), a non-profit organization that supports students and families. 

Kamehameha Schools Kaiāulu has partnered with 22 ʻāina-based organizations, Hawaiian immersion schools and cultural advocacy groups located in Kauaʻi that provide resources, scholarships and activities for eligible students.

Despite the concerns, the Board of Trustees and Kamehameha supporters are ready to defend the policies followed since the school was established and continue improving the well-being of Hawaiʻi’s people through education.

“Our focus is on education, the future, and how today’s actions will lead to a better future for all of Hawaiʻi’s people,” Rose said. “(Ke Aliʻi Pauahi’s) trust is our trust to last forever. The mission is simple but powerful – to empower Native Hawaiians in perpetuity and ensure the well-being of our people through education. We work toward this goal every day.”

According to its 2030 strategic plan, Kamehameha Schools has deepened its commitment to cultivating ʻōiwi (indigenous leaders) and ʻāina momona (environmental health and sustainability) for the lāhui (nation) over the past decade.

Kamehameha Schools has created a petition for its supporters called He inoa no Pauahi — In honor of Pauahi – Action Network, which has 39,223 signatures as of Friday afternoon. For more information about the lawsuit and the history of Kamehameha Schools, visit https://www.ksbe.edu/ola-pauahi.