§8-39-1 - General rule

§8-39-1 General rule

. All public school buildings, facilities, and grounds shall be available for general recreational purposes and for public and community use whenever these activities do not interfere with the normal and usual activities of the school and its pupils as provided by law. This general rule shall be carried out within the policy of the department of education that no available public school building, facility, or grounds shall be denied for use by the public and community on the grounds of race, color, religion, sex, age, national origin, or disability. The department of education shall not assist any public or community group which discriminates on the basis of sex by making available for use public school buildings, facilities, and grounds, except for groups specifically exempted by the provisions of 20 U.S.C. 1691, 1682 (Title IX, Education Amendments of 1972), or exempted by the Secretary of the U.S. Department of Education.

[Eff. 11/17/84; am and comp JUN 22, 1996] (Auth: HRS §302A-1112) (Imp: 20 U.S.C. 1681 et seq., 901; Title IX, 34 C.F.R. 106; Title VI, 42 U.S.C. 200d et seq., 601-603; 34 C.F.R. 100; 42 U.S.C. 6101, 302; 42 U.S.C. 6102, 303; 45 C.F.R. 90; 29 U.S.C. 794; 34 C.F.R. 104; Hawaii Const. Art. 1, 3; HRS §302A-1101; Hawaii Const. Art. X, 3; HRS §§302A-1112, 302A-1001, 302A-1149, 302A-1147, 302A-1148, 302A-1150)


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