Kamehameha Schools Face New Legal Challenge Over Admissions Policy

Kamehameha Schools Face New Legal Challenge Over Admissions Policy

Kamehameha Schools, established by the will of Bernice Pauahi Bishop, the last royal heir of Kamehameha I, today finds itself under attack in a new lawsuit. This legal challenge is particularly aimed at their race-conscious admissions policy. This policy meant to promote the wellbeing of Native Hawaiians has faced constitutional scrutiny for years. In 1884, the schools were established posthumously after Pauahi Bishop’s death. She left an estate that roughly comprised 9% of the land area of the Hawaiian islands. Presently, Kamehameha Schools educates about 5,400 students from preschool through high school.

This latest lawsuit was instigated by conservative activist Edward Blum, who has made a career of targeting race-based practices in education and other areas. Blum’s organization, Students for Fair Admission, argues that the schools’ admissions process, which favors students of Native Hawaiian ancestry, is neither fair nor legal. The Kamehameha Schools’ policy met a “legitimate remedial purpose,” as noted by a 2003 federal court decision. This policy has faced rising opposition since the early 2000s.

The Kamehameha Schools are made up of three K-12 campuses, including one in Hilo and two on Oahu, along with 30 preschools focused on Hawaiian culture-based education. The schools require an extremely rigorous and competitive entrance process. It’s particularly harsh at the high school level, where only one in five applicants is admitted. Kamehameha Schools have an amazing asset in their approximately $15 billion endowment. We already heavily subsidize roughly 92% of educational costs and offer need-based financial aid to nearly 80% of our students.

The birth of Kamehameha Schools also came at the height of a crisis, as the Native Hawaiian population was rapidly disappearing. It is estimated that their population plummeted after European contact from over 300,000 to as few as 50,000 by the late 1880s. Kamehameha Schools quickly became an important asset for the advancement of Native Hawaiians. This progress occurred during a period in which their cultural identity was violently marginalized throughout the 20th century.

In a recent statement regarding the ongoing challenges to their admissions policy, Rose, a trustee of Kamehameha Schools, remarked, “One of the most meaningful moments of my career personally was defending our admissions policy two decades ago.” She made it clear that she was deeply committed to Pauahi’s vision and to the mission of protecting the fledgling institution that she now led.

Their significance goes beyond education. Culturally, they represent a cultural lifeline for Native Hawaiians. Osorio, another advocate for the schools, noted that the challenge to their admissions policy is significant: “To Hawaiians, this challenge, I think it’s the most important thing we’ll ever be fighting. I think it’s going to bring all of us – all of our vigor and all of our anger – together.”

Opponents of the lawsuit contend that it perverts what is meant to be a school’s mission. Osorio pointed out that “no one here who understands this history ever really thought that the Hawaiian preference at Kamehameha schools was a racist preference.” He elaborated on the perception that the schools provide essential support for a historically marginalized community: “The vast majority of people here, including people who are not Hawaiian, saw this as the very least kind of resource that could be left in our hands.”

As this legal battle continues, it remains to be seen what will happen to race-conscious admissions policies throughout our country’s educational system. Rose commented on the implications of losing such tools: “To lose that tool, it’s incredibly harmful.” She reiterated that the mission remains vital today: “It remains as vital today as when Pauahi wrote her will.”

Kamehameha Schools remain resolute in their commitment to continue protecting the cultural legacy of Native Hawaiians. They’re committed to serving the educational needs of this community. Given the institution’s irreplaceable role as one of the very few global commons for this community, its own fight is especially tragic and moving.

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