PARENTS SUE MAUI PREPARATORY ACADEMY OVER DISCRIMINATORY POLICY TARGETING TRANS STUDENTS (ACLU-HI)

PARENTS SUE MAUI PREPARATORY ACADEMY OVER
DISCRIMINATORY POLICY TARGETING TRANS STUDENTS
HONOLULU, Hawai‘i – Today, the American Civil Liberties Union of Hawaiʻi (“ACLU of
Hawai‘i”) filed a lawsuit on behalf of a family challenging Maui Preparatory Academy’s
(“Maui Prep”) discriminatory policy targeting transgender students. Under Maui Prep’s
new policy, transgender students are no longer allowed to use facilities, play on sports
teams, or room with students of the same gender. The lawsuit argues that the school
violated Hawaiʻi anti-discrimination law and engaged in unfair and deceptive practices
by implementing the policy.
Jane Poe, the Plaintiff in the case, is a nine-year-old transgender student who has lived
openly as a girl since age five, with support from her family and school staff. Jane
attended Maui Prep from the time she enrolled in preschool through third grade, after
which the family was forced to withdraw their daughter rather than subject her to daily
humiliation and stigma under the new policy.
Jane’s parents, speaking anonymously, said: “For six years, we believed we were part of
a true community where our child was safe, supported, and loved. To now watch our
school carry on as though our family was never part of its story is profoundly painful.
The love and belonging our family once trusted were taken away by the very school that
nurtured them. What hurts most is knowing that the values of aloha and acceptance we
once held so dearly extend to everyone but our child.”
The lawsuit argues that the policy violates HRS § 368D-1, which prohibits schools
receiving state funds from discriminating on the basis of gender identity or expression.
© 2025 ACLU Hawai‘i 2
The Hawaiʻi Legislature passed the law in 2018, in response to the Trump
Administration’s rollback of Title IX protections for transgender students.
The lawsuit also claims that Maui Prep engaged in unfair and deceptive business
practices by using its commitment to “Live Aloha” and its being “rooted in Hawaiian
values” to sell families an image of acceptance and inclusion, even as it excluded
transgender students.
Before filing the lawsuit, the ACLU of Hawaiʻi sent Maui Prep a demand letter
explaining how the school’s policy violated state law and urging the school to rescind it.
The school’s initial response did not say whether it would modify the policy, so the
ACLU of Hawaiʻi sent a follow-up letter, which the school ignored.
ACLU of Hawaiʻi Senior Staff Attorney, Emily Hills, said: “Hawaiʻi law is clear: schools
that accept state funds cannot discriminate against transgender students. Maui Prep
was told repeatedly that its policy was illegal, and it chose to press forward anyway.
That’s why this lawsuit is necessary—to enforce the law and protect all students from
unlawful discrimination.”
Among the lawsuit’s allegations is that, before Maui Prep announced the policy, it
quietly removed “gender identity and expression” from the non-discrimination policy
published on its website, paving the way for the school to start discriminating against
transgender students. The lawsuit also alleges Board president Tim Hehemann called
transgender students the result of “bad parenting,” likening them to students “with
repeated disciplinary violations” and “violent psychological issues.”
ACLU of Hawaiʻi Legal Director, Wookie Kim, said: “The school’s stance has no place
here. Hawaiʻi has a long history of embracing gender-diverse people. By excluding
transgender students while claiming to ‘live aloha,’ Maui Prep is misusing Hawaiian
values to create the false appearance of inclusivity.”
The lawsuit also alleges Maui Prep tried to keep the policy secret and unwritten.
Specifically, the head of school, Dr. Miguel Solis, tried to get Jane’s family to disenroll
voluntarily to avoid disclosing the policy to the rest of the Maui Prep community. After
news of the policy leaked in December 2024, faculty, staff, and families were extremely
upset. Maui Prep later terminated the teacher who notified faculty and staff about the
policy, and teachers who wore LGBTQ+ support pins that stated, “You are safe with me,”
were threatened with discipline.
ACLU of Hawaiʻi Executive Director, Salmah Rizvi, said: “When schools try to control or
confine a student’s identity, they deny young people the freedom to grow into their
fullest selves. Our values call us to honor every child’s dignity, creativity, and precious
spirit—regardless of personal viewpoints. No institution should force students into
narrow boxes that stifle who they are meant to be. And at the ACLU of Hawaiʻi, we are
deeply committed to building a society in which the civil liberties of all are protected.”
© 2025 ACLU Hawai‘i 3
Along with other relief, the lawsuit asks the court to issue an injunction that requires
Maui Prep to rescind the policy and requires board members and administrators to
participate in an educational program about non-discrimination and inclusivity for
transgender students.

###
The mission of the ACLU of Hawaiʻi is to protect the fundamental freedoms enshrined in the
U.S. and Hawaiʻi constitutions. The ACLU of Hawaiʻi fulfills this through legislative,
litigation, and public education programs statewide. The ACLU of Hawaiʻi is a non-partisan
and private non-profit organization that provides its services at no cost to the public and
does not accept government funds. The ACLU of Hawaiʻi has been serving Hawaiʻi for 60
years.