ACLU of Hawaiʻi demands Maui Preparatory Academy rescind policy impacting transgender students

The American Civil Liberties Union of Hawaiʻi sent a letter to Maui Preparatory Academy on Wednesday, demanding that the school rescind a policy that it says “targets transgender students.”

According to the letter, Maui Prep’s new policy requires transgender students to conform to sex assigned at birth, instead of gender. The ACLU of Hawaiʻi called the policy “discriminatory” and argues it violates HRS § 368D-1, which prohibits gender identity discrimination by schools receiving state funding.

Although Maui Prep is an independent, private school, the ACLU alleges that the school receives funds from both the state Department of Human Services and the Department of Education.

The organization reports that the policy impacts which bathroom and locker rooms transgender students use, which gender of sports teams they are allowed to play on, and who they room with during school trips.

Dr. Miguel Alejandro Solis, Head of School at Maui Prep said leadership at the school believes there are certain spaces on campus or within the school’s program (ie. restrooms, changing rooms, overnight accommodations) in which students “must be separated by their sex.”

“Within those confines, Maui Prep will do our best to accommodate a request from a family,” said Solis. “We recognize this overall approach has become a controversial stance for some in recent years.   Maui Prep might not be the right fit for everyone; nobody is forced to attend Maui Preparatory Academy,” according to a statement on policy.

The ACLU of Hawaiʻi letter states the policy appears to be aimed directly at the school’s only openly transgender student, a nine-year-old girl in third grade who has lived openly as a girl since age five.

Jane’s parents, speaking anonymously out of fear of retaliation, said: “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.”

According to the Maui Prep website, the ethos of the school “is one of a strong family community supporting holistic education to encourage intellectual curiosity, promote personal integrity, and foster critical thinking for life-long learners to become engaged citizens.”

The ACLU of Hawaiʻi claims there has been retaliation against faculty and staff who spoke out against the policy saying, “Dissenting board members have since resigned or were forced out.”

School administrators say they will not comment on specific employees, past or present or their employment; however, “every faculty and staff member is entitled to their opinion about Maui Prep policies and operations.” In a statement released on Thursday, Solis said, “An employee’s opinion on a policy will not determine if they are allowed to work at the school.”

ACLU of Hawaiʻi Legal Director, Wookie Kim, said: “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 Hawaiʻi 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 demand letter is available here: https://www.acluhi.org/sites/default/files/04-09-25_maui_prep_demand_letter.pdf