Fortune | FORTUNE 09月16日
夏威夷原住民学校招生政策面临法律挑战
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夏威夷卡美哈梅哈学校,一所为原住民学生提供优质教育的私立寄宿学校,其优先招收夏威夷原住民的招生政策正面临法律挑战。该校由卡美哈梅哈一世国王的后裔伯妮丝·保希·毕晓普遗嘱创立,拥有巨额捐赠,旨在帮助面临教育劣势的原住民群体。然而,以爱德华·布鲁姆为首的“为公平招生学生”组织正在试图推翻这一政策,认为其违反了民权法。尽管学校和当地社区积极辩护,认为该政策是纠正历史不公的必要手段,但随着最高法院在平权行动案件中的裁决,以及对多元化、公平和包容性(DEI)政策的广泛审查,这场关于种族偏好和教育公平的辩论仍在持续。

🏫 **卡美哈梅哈学校的使命与历史背景**:卡美哈梅哈学校由夏威夷王室成员伯妮丝·保希·毕晓普于1884年遗嘱创立,旨在为夏威夷原住民提供教育机会。学校拥有超过150亿美元的巨额捐赠,能够提供顶级的教学设施和文化体验,帮助面临贫困、监禁率高等社会问题的夏威夷原住民儿童获得更好的教育资源,重塑与夏威夷文化的联系。

⚖️ **招生政策的法律争议**:学校的招生政策优先考虑夏威夷原住民,这正受到“为公平招生学生”组织的挑战,该组织认为该政策构成种族歧视,并依据最高法院在平权行动案件中的裁决,试图将其推翻。此前,第九巡回上诉法院曾裁定该政策违宪,但在学校重审后又被推翻,显示了该政策法律地位的复杂性。

✊ **社区与校方的坚决辩护**:卡美哈梅哈学校的校友、家长和当地领袖纷纷呼吁学校坚决捍卫其招生政策,认为这是纠正美国殖民历史和夏威夷王国被推翻造成的长期不公的重要途径。学校发言人表示,他们对政策的合法性充满信心,并已准备好应对挑战,强调该政策符合既定法律。

🏛️ **政策的未来走向与广泛影响**:此次挑战不仅针对卡美哈梅哈学校,更是保守派运动在教育领域反对种族偏好、多元化、公平和包容性(DEI)政策的更大缩影。法律专家指出,学校可能需要论证其政策并非基于种族,而是基于政治地位,以应对最严格的宪法审查,这预示着未来围绕教育公平和种族政策的法律斗争将更加激烈。

After water polo practice at her school atop a hill overlooking Honolulu Harbor, Kapua Ong marvels at the sunset.

“I do feel proud of myself for getting in because not everyone gets accepted,” said Kapua, 14, a freshman at Kamehameha Schools, a competitive private school with affordable tuition that gives preference to Native Hawaiians. “I’m just, like, grateful for being able to have those opportunities.”

Kapua was just a baby when her parents set the stage for her acceptance at the school by adding details of her Native Hawaiian ancestry to a genealogy database. As an incoming seventh grader, she also took an admissions test and highlighted her kung fu skills and fluency in Hawaiian language.

Kamehameha Schools gives admissions preference to the Indigenous people of Hawaii, with a caveat: “to the extent permitted by law.”

A campaign is underway to test the policy’s legality and stop Kamehameha from favoring Hawaiians, part of a movement to expand the legal definition of racial discrimination in education. Conservative activists have been emboldened by a Supreme Court ruling against affirmative action in college admissions and by the Trump administration’s war against diversity, equity and inclusion. Now, they’re targeting scholarships, academic programs and admissions policies tied directly or indirectly to race.

Students for Fair Admissions, led by Edward Blum, a leading opponent of affirmative action, set up a website this month vowing to challenge Kamehameha’s admissions policy in court. “It is essentially impossible for a non-Native Hawaiian student to be admitted to Kamehameha,” the site says.

Alumni, parents and local leaders are urging the private school system with an endowment valued at more than $15 billion — larger than most universities — to fight to defend the policy.

“I’m hoping they hire a good lawyer, build a good case,” said Andria Tupola, a 1998 graduate and a member of the Honolulu City Council. She says the school helped her build a stronger connection to Hawaiian culture.

Attending Kamehameha can also be life-changing. The Native Hawaiian community struggles with higher rates of poverty and incarceration, so Hawaiian children may have educational disadvantages. Admission to Kamehameha offers a chance for quality private school education — with boundless opportunities, first-class facilities and Hawaiian cultural values.

Along with a breathtaking ocean view, the sprawling Honolulu campus boasts top amenities — an Olympic-sized pool, buffet lunches, athlete laundry service and grounds adorned with native plants. An annual, elaborate Hawaiian song contest between high school classes is broadcast on local TV.

A Hawaiian princess’s will

Kamehameha Schools was founded by the will of Bernice Pauahi Bishop, the great-granddaughter of King Kamehameha I. When she died in 1884, her will directed the establishment of schools that give preference to Native Hawaiians. The endowment also supports scholarships to other private schools, plus community activities.

Last year, more than 5,400 students enrolled across three Kamehameha campuses on Oahu, Maui and the Big Island.

Each year, the number of applications exceeds the number of spaces by as much as 17 to 1, depending on the campus and grade, the Kamehameha website says.

There’s an understanding among Hawaii residents that only students with Hawaiian blood will be admitted. Many see the policy as a way to remedy disparities stemming from U.S. colonization and the 1893 overthrow of the Hawaiian Kingdom by a group of American businessmen.

Sterling Wong, a Kamehameha spokesperson, declined to say how many non-Hawaiian students have been admitted.

Kalani Rosell was the first non-Hawaiian to graduate from Kamehameha Schools Maui in 2007. His acceptance drew sharp criticism from Hawaiians. The school said he had been selected after a list of qualified Hawaiian students had been exhausted.

More than 15,000 people protested after a 2005 ruling by a panel of the 9th U.S. Circuit Court of Appeals struck down the policy of restricting admission to Hawaiians, ruling it violated federal civil rights law. Kamehameha sought a rehearing.

The following year, the court upheld the policy. Kamehameha later settled with the family of the white student who brought the case when he was denied admission.

“We anticipated that our nearly 140-year-old admissions policy, providing preference to Native Hawaiian children, would again be challenged,” Kamehameha trustees said in a statement. “We are confident that our policy aligns with established law.”

‘Heavy hitter’ takes on the Hawaiian schools

When Kekoa Kealoha, who graduated in 2003, heard about the campaign against the school, he was shocked to hear it was led by “somebody who was, like, a real heavy hitter.”

Students for Fair Admissions sued Harvard and the University of North Carolina in cases that led to the landmark 2023 Supreme Court decision barring colleges from considering race in admissions decisions.

Blum, a former stockbroker, has since expanded his opposition to racial preferences throughout education, fueled by President Donald Trump’s fight against DEI.

Reached by The Associated Press, Blum said he was traveling and asked for written questions. Then, he didn’t respond.

Blum’s group probably will argue the Kamehameha policy is unlikely to survive the strongest form of constitutional review because it has an absolute race-based requirement for admissions, said John Tehranian, a professor at Southwestern Law School in Los Angeles.

Kamehameha could counter that its policy is not race-based, but a classification based on political status, drawing on cases that allow government programs for Native Americans, he said.

Blum’s group is going after anything related to race and “seeing what sticks,” said Natasha Warikoo, a professor at Tufts University, who wrote a book about affirmative action.

Though the Supreme Court decision focused on university admissions, conservatives have increasingly targeted K-12 schools, along with admissions factors they consider “proxies” for race, including family income and neighborhood.

For instance, in July, the conservative Pacific Legal Foundation filed a lawsuit challenging an admissions policy at Boston Public Schools’ elite exam schools that gives students additional points if they’re from lower-income areas.

Hawaiian Republican calls campaign ‘racist’

When Blum launched his campaign against Kamehameha, people started calling Brenton Awa, a Hawaiian Republican state senator.

Awa didn’t get into Kamehameha and graduated from a public school, but he called Blum anyway. When Blum didn’t call back, Awa and another Republican flew to the East Coast to find him.

“If anybody had a chance at discussion, it would be us,” Awa said.

The Arlington, Virginia, address on the website led the duo to just a mailbox. They went to an office for Blum’s attorneys but had no luck. So they met with Republicans in Washington to educate them about Kamehameha’s mission.

“Anybody going after Kamehameha Schools with this kind of initiative and intention, to us that’s racist,” Awa said.

Moving to Hawaii for ‘life-changing’ school

Kona Purdy and his family moved back to Hawaii in 2021, partly because his daughter was accepted to Kamehameha. The family had moved to Las Vegas, joining many Hawaiians who could no longer afford to live in the islands.

They were forced to move back to Vegas in 2023 when they lost their housing. “We had considered leaving her … so that she could stay in the school,” Purdy said. “It was life-changing.”

Kamehameha only charged the family about $100 in tuition.

The family returned to Hawaii in June. Purdy’s daughter is now a seventh grader at a public school.

She will apply to Kamehameha next year, hoping to rejoin for high school.

“Hopefully, the admissions policy is still in place so she has the best shot,” Purdy said.

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Associated Press education writer Collin Binkley contributed.

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Kamehameha Schools 夏威夷原住民 招生政策 法律挑战 平权行动 种族歧视 教育公平 Native Hawaiian Admissions Policy Legal Challenge Affirmative Action Racial Discrimination Educational Equity
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