(a) No person in the State, on the basis of sex, including gender identity or expression as defined in § 489-2, or sexual orientation as defined in § 489-2, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any covered educational program or activity.

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Terms Used In Hawaii Revised Statutes 368D-1

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Covered educational program or activity: means :

    (1) The University of Hawaii, the department of education, or public charter schools; or
    (2) Any educational program or activity that receives state financial assistance, in any amount, for any purpose; provided that this term does not exclude an educational program or activity that also receives federal funds. See Hawaii Revised Statutes 368D-3
  • Educational program or activity: means an educational program or activity provided by or under a:

    (1) Private school that teaches students in any grade from kindergarten through grade twelve and that is licensed or accredited by the Hawaii Association of Independent Schools, Hawaii Council of Private Schools, Western Association of Schools and Colleges, Western Catholic Educational Association, Association of Christian Schools International, or a similarly recognized entity that meets or exceeds the standards set by the aforementioned entities;
    (2) Private trade, vocational, or technical schools, as defined in § 302A-101; or
    (3) Private university or college. See Hawaii Revised Statutes 368D-3
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) Nothing in this chapter shall preclude a person who is aggrieved by a violation of this chapter from filing a civil action in a court of competent jurisdiction.
(c) A person, or an organization or association on behalf of a person alleging a violation of this chapter may file a complaint pursuant to this chapter.

(d) A covered educational program or activity shall be in compliance with this chapter during the school year when state funds are received or expended.