Kamehameha Schools

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Biography

Kamehameha Schools (KS), formerly called Kamehameha Schools/Bishop Estate (KSBE), is a private co-educational college-preparatory institution that specializes in Native Hawaiian language and cultural education. It is located in Hawaii|Hawaii and operates three campuses: Kapalama ( Oahu|Oahu ), Pukalani ( Maui ), and Keaau, Hawaii|Keaau ( Hawaii (island)|Hawaii island ). Kamehameha serves over 6,500 students from preschool through the twelfth grade . Kamehameha was established in 1887 under the terms of the will of Bernice Pauahi Bishop , a direct descendant of Kamehameha I|King Kamehameha the Great and last living member of the House of Kamehameha . Bishop's will established a trust called the "Bernice Pauahi Bishop Estate" that is Hawaii's largest private landowner.

The schools' controversial #Admissions policy|admissions policy prefers applicants with Native Hawaiian ancestry and has excluded all but two non-Hawaiians from attending since 1965. A lawsuit challenging the school's admission policy resulted in a narrow victory for Kamehameha in the Ninth Circuit Court ; however, Kamehameha ultimately legal settlement|settled , paying the plaintiff $7& nbsp;million.

History

In 1883, Princess Bernice Pauahi Bishop directed that the remainder of her estate, mostly inherited from her cousin Keelikolani|Princess Ruth Keelikolani , be held in trust "to erect and maintain in the Hawaiian Islands two schools... one for boys and one girls, to be known as and called the Kamehameha Schools." She named her husband Charles Reed Bishop, Samuel Mills Damon , William Owen Smith , Charles Montague Cooke and Charles McEwen Hyde as the original five trustees to invest her estate at their discretion, use the income to operate the schools, and also:

...to devote a portion of each year's income to the support and education of orphans, and others in indigent circumstances, giving the preference to Hawaiians of pure or part aboriginal blood.

She also directed the Hawaii Supreme Court to appoint replacement trustees and all teachers be Protestant , without regard to denomination.

After Bishop's death in 1884, her husband Charles Reed Bishop carried out her will (law)|will . Reverend William Brewster Oleson (1851–1915), former principal of the Hilo boarding school founded by David Belden Lyman in 1836, helped organize the schools on a similar model.The original Kamehameha School for Boys opened in 1887 on a site currently occupied by Bishop Museum . The girls' school opened in 1894 nearby. By 1955 both schools moved to a headquarters in Kapalama|Kapalama Heights .

Controversy

In 1991, The Equal Employment Opportunity Commission (EEOC) brought suit against Kamehameha Schools alleging that its requirement that all teachers be Protestant was religious discrimination in violation of the Civil Rights Act of 1964 .Equal Employment Opportunity Commission v. Kamehameha Schools/Bishop Estate, 780 F.Supp. 1317 (D.Haw.1991). Although Kamehameha Schools conceded the practice was discriminatory, the School maintained that it was bound by the provisions of Bernice Pauahi Bishop's will which established the charitable trust creating the School as well as mandating that all the teachers "be persons of the Protestant religion."Equal Employment Opportunity Commission v. Kamehameha Schools/Bishop Estate, 780 F.Supp. 1317 (D.Haw.1991) Accordingly, the School sought to fall within one of the applicable exemptions to the Civil Rights Act. The United States District Court for the District of Hawaii found in the School's favor ruling that the religious education exemption, the religious curriculum exemption and the bona fide occupational qualification exemption were each applicable to Kamehameha Schools. The United States Court of Appeals for the Ninth Circuit reversed the decision of the District Court holding that none of the exemptions to the Civil Rights Act were applicable since the School was essentially a secular and not primarily a religious institution despite certain historical traditions that included Protestantism.Equal Employment Opportunity Commission v. Kamehameha Schools/Bishop Estate 990 F.2d 458 (9th Cir.1993); http://ftp.resource.org/courts.gov/c/F2/990/990.F2d.458.91-16586.html As a result, the requirement that all teachers be Protestant was held to be a violation of the Civil Rights Act.

Reorganization

According to the will, the Hawaii Supreme Court|Hawaii State Supreme Court appointed trustees. However, many trustees were political insiders, and by 1997 trustees were paid $800,000 to $900,000 annually.
At that time, critics alleged that the trustees were micromanaging the schools. Trustees were appointed "lead trustee" of a particular part of estate operations. In particular, Lokelani Lindsey , lead trustee for educational affairs, was blamed for low morale among students and faculty.

On August 9, 1997, University of Hawaii|University of Hawaii (UH) Board of Regents Chair (and former Kamehameha Schools Principal) Gladys Kamakakuokalani Brandt|Gladys Brandt , retired judge Walter Heen , Msgr. Charles Kekumano , federal judge Samuel Pailthorpe King , and UH William S. Richardson School of Law professor Randall Roth (professor)|Randall Roth published a report titled "Broken Trust" in the Honolulu Star Bulletin which, among other things, called on the State Attorney General to fully investigate KSBE management. The report alleged, among other things, that:

the method of selecting trustees (appointment by the Hawaii Supreme Court) was flawed

the trustees did not fully understand their responsibilities

the trustees were not accountable for their actions.

|url= http://archives.starbulletin.com/specials/bishop/index.html
|title= Broken Trust: The community has lost faith in Bishop Estate trustees, in how they are chosen, how much they are paid, how they govern |date=August 9, 1997 |author= Samuel Pailthorpe King , Msgr. Charles Kekumano , Walter Heen , Gladys Brandt and Randall Roth |newspaper= Honolulu Star-Bulletin |accessdate= December 10, 2010

On August 12, 1997, Governor Ben Cayetano directed Attorney General Margery Bronster to perform a preliminary investigation into the allegations. In her report on September 10, 1997, she found that "the rights of the beneficiaries may be at substantial risk," and that there were "credible allegations that the intent of Bernice Pauahi Bishop is not being implemented."
Another essay appeared in November, with Brandt, UH Professor Isabella Abbott , respected Hawaiian cultural educator Winona Beamer , and others as authors. Its headline was "Tyranny, distrust, poor decisions reign at Kamehameha".

The investigation continued through 1998, when Bronster sought the permanent removal of Lindsey and fellow trustees Richard Wong and Henry Peters. On May 6, 1999, after a six-month trial, Lindsey was permanently removed as trustee (Lindsey later appealed her removal). A day later, trustees Wong, Peters, and Gerard Jervis were also temporarily removed. The fifth trustee, Oswald Stender , voluntarily resigned. An interim board was appointed by the Hawaii Probate Court to run the estate.

Bronster had been re-appointed by Cayetano who was a Democrat, and since twenty-three of the twenty-five senators were Democrats, some political observers thought approval of Bronster's renomination would be assured. However, the investigation proved costly for Bronster, whose confirmation was defeated by the Hawaii State Senate on April 28, 1999 by a vote of 14-11.
Things finally started to change when the US Internal Revenue Service retroactively revoked Bishop Estate's tax exempt status for the trustees breach of duties and unlawful use of tax exempt charitable trust assets for political lobbying, triggering about $1 billion in back taxes and penalties.
Jervis resigned permanently on August 20, 1999. The trials for permanent removal of the remaining three trustees were set for December 13, 1999. Wong offered his permanent resignation on December 3, 1999; Peters did the same on December 13; and Lindsey voluntarily resigned on December 17. Many of the court files relating to Bishop Estate were ordered sealed citing the need for "closure and healing."
The replacement Bishop Estate trustees continued to use the same attorneys and law firms as their predecessors. Deputy attorneys general tried to explain to the replacement trustees that these attorneys and law firms either provided flawed legal advice or stood by silently while they ignored good advice. Some claimed "there had been no thorough housecleaning; instead, the old guard had been put in charge and handed the keys."In 2002, the Hawaii Supreme Court threw out the criminal indictments against three Bishop Estate trustees on procedural grounds and ruled no new charges could be brought.State v. Wong, 97 Haw. 512, 40 P.3d 914 (Haw. 2002)

In 2005 two of the authors of the newspaper series published a book about the issues in this investigation.
In 2009, after a large decline in the endowment, trustee compensation ranged from $97,500 to $125,000 per year, and trustees turned down any pay increases.

Campuses and governance

Kamehameha Schools operates three campuses, which together served 5,372 students K-12 in 2008. The main campus, established in 1887 as the Kamehameha Schools for Boys, occupies on Kapalama Heights and serves 3,196 students, including 550 boarding students from neighbor islands. The Maui campus, established in 1996 in Pukalani, Hawaii|Pukalani , serves 1,084 students. The campus on the island of Hawaii (island)|Hawaii , established in 2001 in Keaau, Hawaii|Keaau , serves 1,118 students. In addition to three campuses, Kamehameha Schools operates thirty-two preschools throughout Hawaii. Preschools serve over 1,000 students statewide.

The five-member Board of Trustees of the Estate of Bernice Pauahi Bishop administers the Schools. The 1999 reorganization limited Board micromanagement. A Chief Executive Officer manages day-to-day operations and has autonomy over educational matters.

Bishop's original bequest consisted of of land worth around $474,000. According to the Broken Trust book introduction, a 1995 Wall Street Journal article described Bishop Estate as "the nation's wealthiest charity," with an endowment estimated at $10 billion - greater than the combined endowments of Harvard and Yale universities. As of June 2008, the endowment was US$ 9.4& nbsp;billion, but by the end of the year it was estimated down to $7.7& nbsp;billion. Approximately 75% of the endowment is in financial assets, and 25% is in real estate; over remain. However, the book value of the land for accounting purposes is probably much lower than fair market value.
When List of US colleges and universities by endowment|compared against the Financial endowment|endowments of major U.S. colleges and universities, only six schools ( Harvard University , Yale University , Stanford University , Princeton University , University of Texas System , and Massachusetts Institute of Technology ), each with much higher enrollments, have higher endowments than Kamehameha Schools.

Admissions policy

In accordance with a century-old interpretation of the will of Bernice Pauahi Bishop, the Kamehameha Schools prefers applicants of Native Hawaiian descent "to the extent permitted by law." Orphans and indigents get special consideration. Preference applicants must submit evidence verifying that at least one of their pre-1959 ancestors is Hawaiian.

Admissions policy has been a subject of controversy. Because far more applicants claim Hawaiian ancestry than the schools can admit, virtually all students have some Hawaiian blood. Non-Hawaiians have attended, but this is extremely rare. In 2002, Kamehameha admitted one non-Hawaiian student, Kalani Rosell, to its Maui campus, for the first time in 40& nbsp;years. Rosell was admitted after all qualified Hawaiian applicants had been admitted. This decision sparked alumni protest.
Kamehameha's admissions policy was the focus of two federal lawsuits. They contended that preferring Native Hawaiians is a race-based exclusion that violates U.S. civil rights law. Both lawsuits have since settled.

Mohica-Cummings lawsuit

The plaintiff in one suit, filed by attorney John Goemans in August 2003, was Brayden Gay Mohica-Cummings, a seventh-grader admitted to Kapalama Heights after his mother, who had been adopted by a Hawaiian family, said he was Hawaiian. The school rescinded its offer when his mother was unable to document his ancestry.
Because Kamehameha rescinded the offer only a week before the school year started, District Judge David Ezra issued a temporary restraining order requiring Kamehameha to admit Mohica-Cummings. The case was settled out-of-court in November 2003, when Kamehameha Schools agreed to let Mohica-Cummings attend, in exchange for dropping the lawsuit.

John Doe v. Kamehameha

Another lawsuit, filed by Goemans in June 2003 on behalf of an unidentified non-Hawaiian student, claimed that preferring Hawaiian applicants violates a federal statute prohibiting racial discrimination in private contracts. In November, District Judge Alan Cooke Kay dismissed the lawsuit, finding that Kamehameha Schools' policy served a "legitimate, remedial purpose by improving native Hawaiians' socioeconomic and educational disadvantages".

In August 2005, however, a three-judge panel of the 9th Circuit of Appeals reversed 2& ndash;1, ruling the policy racially exclusionary.
A protest march to Iolani Palace and rally on the palace grounds attracted an estimated 10& ndash;15,000 participants,
including Hawaii's governor and lieutenant governor. http://www.hawaii.gov/gov/eNewsletters/Folder.2005-08-11.0742/Document.2005-08-12.2942

The Ninth Circuit agreed to rehear the appeal before a 15-judge en banc panel in February 2006.
On December 5, 2006, by a vote of 8& ndash;7, the en banc panel reversed the earlier decision by the three-judge panel, affirming Kay's ruling.

The majority ruled that Kamehameha's policy does not run afoul of a civil rights law, citing what it said were unique factors in the history of Hawaii, the plight of Native Hawaiians and the schools' distinctively remedial mission, which Congress has repeatedly endorsed. The dissent stated that civil rights law "prohibits a private school from denying admission to prospective students because of their race", and was very skeptical of the majority interpretation, stating, "The fact that Congress has passed some measures promoting Native Hawaiian education says nothing about whether Congress intended to exempt Native Hawaiian schools from § 1981 ".

Following the decision, attorneys appealed to the United States Supreme Court . However, before the Supreme Court decided whether to hear the case, Doe v. Kamehameha was also settled. Both this settlement and the Ninth Circuit's decision prompted a procession at the Kapalama High School, leading to an all-school assembly. On February 8, 2008, Goemans disclosed that the amount of the settlement was $7& nbsp;million USD .

On August 6, 2008, Kamehameha announced that it had sued John Doe for releasing the settlement amount. On the same day, John Doe's attorneys, Eric Grant and David Rosen, filed another lawsuit against Kamehameha on behalf of four non-Hawaiian children who wanted to attend the school.

Hawaiian studies

As the only private school to prefer Native Hawaiian students, Kamehameha emphasizes Hawaiian language and culture. The Kapalama High School offers a six-year program in Hawaiian language and various supplementary courses in Hawaiian literature, culture, history, song composition and performance, chant, and Hula|dance .

Kamehameha offers a distance learning program for learning Hawaiian culture over the Internet. The program includes a series of instructional videos entitled Kulaiwi for learning the Hawaiian language that are available for free online streaming.

Kamehameha Schools operates Kamehameha Publishing, which prints and sells Hawaiian books, posters, and multimedia.

Song Contest

Kamehameha Schools Kapalama holds the annual Kamehameha Schools Song Contest , in which each graduating class participates as a graduation requirement by singing music of Hawaii|Hawaiian songs . Each class sings a coed song, and students in grades 10-12 sing a men's and women's song. Five judges evaluate the musical performance and use of the Hawaiian language . Following the singing portion, the hoike , an exhibition of hula and song, takes place. The most recent held on March 16, 2012.

Notable alumni

Duke Kahanamoku - Class of 1910, Swimming at the Summer Olympics|Olympic swimmer

Isabella Abbott Class of 1937, authority on Central Pacific Algae and Hawaiian Plants

Daniel K. Akaka - Class of 1942, United States Senator from Hawaii (1990- )

Don Ho - Class of 1949, musician and entertainer

David Cooper - Retired Brigadier General , President of Pacific American Foundation

Brian Ching - Class of 1996, professional Major League Soccer player

Makoa Freitas - Professional American football player for Indianapolis Colts

Blane Gaison - Professional American football player for Atlanta Falcons (1981–1985)

Brickwood Galuteria - Class of 1973, Hawaii State Senator

Clayton Hee - Class of 1971, Hawaii State Senator

Radasha Ho'ohuli - Miss Hawaii USA 2006

Kelly Hu - Actress

David Hughes (American football)|David Hughes - National Football League running back for the Seattle Seahawks and Pittsburgh Steelers (1981–86)

Brook Mahealani Lee - Miss Hawaii USA 1997, Miss USA 1997 and Miss Universe 1997

Dee Jay Mailer - Class of 1970, CEO of Kamehameha Schools

Bronson Sardinha - Professional MLB outfielder

Haunani-Kay Trask - Class of 1967, Hawaiian activist

Mililani Trask - Class of 1969, Hawaiian activist

Copyright Citations

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1. Keola Beamer

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