The American Civil Liberties Union of Hawaii has issued a formal legal demand to Maui Preparatory Academy in Lahaina, alleging the school has adopted a discriminatory policy targeting transgender students in
violation of state anti-discrimination laws.
According to the demand letter sent Wednesday to school leadership, Maui Prep’s policy mandates that transgender students conform to their sex assigned
at birth. The policy affects restroom and locker room access, athletic team
participation and overnight accommodations on school trips. It also requires staff to use birth-assigned pronouns unless a parent specifically consents to alternatives.
The policy, which is detailed in Maui Prep’s Parent Student Handbook under “Names and Pronouns,” states that the school “will recognize and respect a student’s choice of pronouns, provided they are approved by the student’s family.” It adds that this approach is intended to “ensure alignment with family values and foster respectful communication within the school community.”
However, the handbook also affirms that Maui Prep “recognizes biological sex assigned at birth as the basis for determining participation in athletics, overnight stays, and access to facilities such as bathrooms and locker rooms.” The school acknowledges this “may pose potential challenges” and states it will attempt to “find solutions in the context of our options and limitations as a school.”
The ACLU of Hawaii contends the policy violates current law, which prohibits gender identity discrimination by any school that receives state funding. Maui Prep receives public funds from the state Department of Human Services and the state Department of Education, including allocations under the Emergency Assistance to Non-Public Schools program, according to the ACLU.
The policy’s implementation appears to focus on a single student — a 9-year-old third grader referred to as “Jane,” who has attended Maui Prep since preschool and has lived openly as a girl since the age of 5. Her parents, speaking anonymously due to concerns of retaliation, described the situation as “deeply painful.”
“Our daughter has been a student at Maui Prep since preschool. Now our family faces an impossible choice: remain at the only school our daughter has ever known or protect her from a policy that threatens her safety and identity, even if that means separating her from her two best friends,” her parents wrote. “We never asked for special treatment — only for our child to continue living as herself, surrounded by the love and acceptance she has always received from her peers and amazing teachers. Until now, we felt incredibly fortunate to be part of the Maui Prep ‘ohana.”
The ACLU’s investigation found that discussions about banning transgender students began privately among board members in late summer of 2024.
Board president Tim
Hehemann reportedly described transgender identity as a result of “bad parenting,” equated it with behavioral misconduct, and initially proposed an unwritten guideline to avoid legal exposure. A revised written policy followed in September, requiring students to use facilities, uniforms, and sports teams based on “biological birth sex.”
The letter alleges that
Hehemann and board chairman Jim Bozich led the push for the policy.
Bozich, a major donor to the school, reportedly declined a $3 million offer from concerned parents to reverse the policy and rejected proposals to fund gender-neutral restrooms. The school also removed its nondiscrimination policy from its website last fall.
Dissenting board members have since resigned or were forced out.
Faculty and parents were not informed about the policy until it was leaked and reported by a media outlet in December. Community backlash prompted the school to revise the policy slightly, removing some language about uniforms and alternate pronouns.
However, the core provisions remained in place and are now incorporated into the handbook for the 2025–2026 school year.
The handbook also includes a statement under “Support and Communication,” which says that the school is available to
discuss individual concerns and that “meetings with school counselors or administrators may be arranged.” It also acknowledges that its approach “may not align with the expectations of all families.”
The ACLU alleges the
policy will force Jane to out herself repeatedly in school settings, potentially isolating her and putting her at risk of bullying and emotional distress. The only available unisex bathroom is located in the administration building, far from her classrooms, making its use impractical and conspicuous.
Beyond the policy itself, the ACLU accuses Maui Prep of retaliating against teachers and staff who opposed it. At least one teacher, Vashti Daise, was fired after raising concerns. Other faculty members who criticized the policy reportedly had their contracts withheld for the upcoming school year.
The letter also cites an increase in anti-LGBTQ+ and racist incidents on campus, including an alleged case where a student was locked in a bathroom and called a racial slur.
In response to parent concerns, school officials allegedly misrepresented the policy’s legitimacy, falsely claiming it had been approved by the Hawaii Association of Independent Schools — a statement later disputed by HAIS.
Maui Prep’s approach comes amid a shifting national landscape.
Under the new administration, President Donald Trump has signed executive orders rolling back federal protections for transgender individuals, including policies restricting federal recognition of gender identity, banning transgender people from military service and ending federal funding for gender-affirming care for minors. One directive also bars the use of gender pronouns in official White House
correspondence.
In contrast, Hawaii has taken steps in recent years to affirm transgender rights.
In June 2022, then-Gov.
David Ige signed the Gender Affirming Treatment Act, which prohibits health insurance companies from denying coverage for medically necessary gender-affirming treatments — including procedures previously deemed cosmetic, such as voice therapy and hair removal. The state also bans discrimination based on gender identity or expression in employment, housing and public accommodations. In October 2023, the DOH publicly reaffirmed its commitment to supporting gender-diverse communities and recognized discrimination as a public health threat.
“Maui Prep’s decision to target an elementary school student with a policy that singles her out based on her gender identity is a flagrant violation of Hawai‘i anti-discrimination law. The law is clear: schools that receive public funding cannot discriminate based on gender identity. We are demanding that Maui Prep rescind this harmful policy, stop retaliating against those who stood up for what’s right, and recommit to creating a safe, inclusive learning environment for every student.” said Emily Hills, senior staff attorney for the ACLU of Hawaii.
ACLU of Hawaii’s legal director Wookie Kim said that “Maui Prep’s policy is a dangerous step backward — not just for one child, but for our entire community. In a time when transgender youth are being attacked across the country, we must stand firm in defending the rights of all students to live with dignity and free of discrimination. The policy violates state anti-discrimination law and undermines the values of respect, inclusion, and harmony that make Hawai‘i special. Maui Prep can continue down this path of exclusion and harm, or it can choose to do better — for Jane, and for others.”
The ACLU is demanding that Maui Prep rescind
the current gender policy; cease retaliation against staff, faculty and parents who oppose it; and publicly commit to a policy of nondiscrimination.
The organization also requested that the school preserve all communications and documents related to the policy from June 2024 onward, indicating possible future legal action.
Maui Preparatory Academy has until April 21 to respond. The school did not immediately respond to a request for comment.
