HONOLULU — A 12-year-old boy who sued an exclusive private school over its Hawaiians-only admissions policy has agreed to drop the lawsuit in exchange for permission to remain at the school until he graduates, the boy’s attorney said Friday.
The settlement was approved unanimously by the Kamehameha Schools board of trustees on Friday, said John Goemans, an attorney for Brayden Mohica-Cummings and his mother, Kalena Santos. It also must be approved by U.S. District Judge David Ezra.
Goemans said settlement talks began Monday and the school’s board approached him about the possibility of dropping the lawsuit.
"It’s a very smart thing," Goemans said. "I give them credit for proposing this."
The boy and his mother sued the school in August, saying his admission was rescinded after he was unable to prove his Hawaiian ancestry. Ezra ordered that the boy be allowed to attend the school while his lawsuit and another challenge to the admissions policy were being resolved in court.
In the other lawsuit, U.S. District Judge Alan Kay ruled Nov. 17 that Kamehameha’s admissions policy was justified because it sought to remedy socioeconomic and educational disadvantages suffered by Hawaiians as a result of the overthrow of the Hawaiian monarchy. That ruling will likely be appealed.
Some Hawaiian activists criticized the settlement, saying it will lead to more non-Hawaiians attending Kamehameha Schools.
"I’m upset, angry and frustrated," said Vicky Holt-Takamine, president of the Ilioulaokalani Coalition, which organized rallies to show support for Kamehameha Schools. "I think there are a lot of Hawaiians who are going to be upset."
The school, established under the 1883 will of Princess Bernice Pauahi Bishop, has three campuses that are partly funded by a trust now worth $5.5 billion.
Admissions are highly prized, both for the quality of education and the low cost compared with other private schools. About 4,900 Hawaiian and part-Hawaiian students from kindergarten through 12th grade attend the school, where average annual tuition and expenses run about $1,400 for high school students and about $1,000 for lower grades.
Non-Hawaiians may be admitted if there are openings after Hawaiians who meet the criteria have been offered admission, school officials say.
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