Maui Prep Lawsuit Unfolds, Transferred Students Question School's Morality

September 2nd 2025, the American Civil Liberties Union (ACLU) of Hawai’i filed a lawsuit against Maui Prep claiming that the school has engaged in unfair business practices and misrepresented its commitment to “Live Aloha,” while it excluded transgender students. Recently transferred Luna's from Maui Prep are questioning the school’s sustainability and morality.

The ACLU of Hawaii Legal Director, Wookie Kim, states: “The school’s stance has no place here. Hawaiʻi has a long history of embracing gender-diverse people. He adds that by excluding transgender students while claiming to ‘live aloha,’ Maui Prep is misusing Hawaiian values to create the false appearance of inclusivity.”

Hula and Hawaiian language teacher, Kumu Eva Palakiko thinks similarly that “it’s not our job to judge anybody and we welcome everyone with open arms and we are here to love, to nurture, and support all of our students and our Ohana.”

The controversy began in December of 2024 when Maui Prep, a private school in West Maui which hosts students from Preschool to 12th Grade, enacted a new school policy targeting transgender students. The policy prohibited transgender students from playing on sports teams, using facilities, rooming with, or using restrooms with students of the same gender.

Before filing this suit, the ACLU of Hawaii sent two demand letters for Maui Prep to explain the misconduct. They said that the new policy violates state law, HRS § 368D-1, which prohibits discrimination on the basis of gender identity, sex, and sexual orientation in state educational programs or educational programs that receive state funding.

In mid-December, the policy was softened due to public backlash. They removed a requirement to control studentsʻ dress and lessened the prohibition on the use of pronouns according to their biological sex.

ACLUʻs September lawsuits names nine-year-old Jane Poe, a former Maui Prep student, and her parents as plaintiffs. As of the ACLU’s April press release, the policy appeared to be aimed only at Poe, the only openly transgender student at the school. Then in third grade, she had attended Maui prep since preschool and had openly lived as a girl since the age of five. She has now been forced to withdraw from the school by her family to prevent “daily humiliation and stigma.”

“I think many [transgender] students just feel singled out since they are the ones that are being affected by these rules," claimed a current freshman who spent 2 years at Maui Prep, and requested anonymity due to fear of reprisal. It's like "they are saying that they can’t go to the school or act like that there,” they continued. The policy “affected them [Maui Prep] majorly because a lot of people see that rule and they're like I don't want my kids going there.”

Asked at the beginning of the 25-26 school year, Ka Lama staff found out that 7-10 students from the Maui Prep system joined the freshman class this year, but students' reasons are unknown. It was not possible to find numbers for any other grade level.

A Sophomore who recently transferred from Maui Prep, and wished to remain anonymous, thinks that the lawsuit is “causing a lot of people to like not go there anymore, a lot of people left.”

According to a spring 2025 feature article by Brianne Lagazo, Maui Prep is understaffed as 17 teachers and faculty, 4 preschool teachers, and their College Counselor left this school year.

One student who transferred to Lahainaluna this year for reasons outside of the controversy felt that the policy “was a sort of unnecessary added drama that makes the school look pretty bad… I didn't really know anyone personally that was even part of that community.”

“It's very disheartening to see something like that happen at my former school” comments Senior Aiko (Ari), who attended Maui Prep from 3rd-7th grade. “I believe the parents have the absolute right to sue Maui Prep...Especially when it's against a very marginalized group of people.”

Abut identifies as a member of the LGBTQIA+ community and thinks that if sheʻd known at the time “and I had that support, then I’d obviously feel a lot more comfortable at that age. Now, just having support in general, regardless of what community you are part of, is very liberating.”