Hawaii Revised Statutes Title 20 Social Services, Chapter 368D Discrimination in State Educational Programs and Activities

Chapter 368D serves as Hawaii’s state-level counterpart to Title IX, prohibiting discrimination based on sex, gender identity or expression, and sexual orientation in all state educational programs and activities. Section 368D-1 establishes that no person may be excluded from participation in, denied benefits of, or discriminated against in any educational program or activity that receives or uses state funds. It also allows individuals or organizations to file complaints or pursue civil actions when violations occur, ensuring accountability across public education systems. Section 368D-2 defines the chapter’s purpose and scope, clarifying that it aligns with federal Title IX while allowing specific exceptions, such as for fraternities, sororities, and sex-specific housing or scholarships, as long as overall treatment remains equitable. Section 368D-4 requires annual reporting to the legislature by the University of Hawaii, the Department of Education, and the State Public Charter School Commission. These reports must detail the number and type of Title IX or Chapter 368D complaints, the outcomes of investigations, and the percentage of employees and students who completed Title IX-related training.

Topics

• Education rights
• Gender discrimination
• LGBTIQ

Geographical location

• North America
• United States
• Hawaii

Keywords

• access to sports
• civil rights
• education discrimination
• gender identity and expression
• duty to report
• state duty to investigate
• state responsibility

Year

• 2018

External URL

• Hawaii Revised Statutes Title 20 Social Services, Chapter 368D Discrimination in State Educational Programs and Activities

Type

• Legislation

Jurisdiction

• Hawaii