§368D-1  State educational programs and activities; discrimination prohibited.  (a)  No person in the State, on the basis of sex, including gender identity or expression as defined in section 489-2, or sexual orientation as defined in section 489-2, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under:

     (1)  Any state educational program or activity; or

     (2)  Any educational program or activity that receives state financial assistance.

     (b)  Nothing in this chapter shall be construed to prohibit the membership practices of social fraternities or sororities or voluntary youth service organizations, as set forth in title 20 United States Code Section 1681(a)(6), as in effect on January 1, 2019.

     (c)  Nothing in this chapter shall be construed to prohibit any educational institution receiving state funds from maintaining separate living facilities for different sexes, as set forth in title 20, United States Code Section 1686, as in effect on January 1, 2019.

     (d)  Nothing in this chapter shall be construed to prohibit an educational institution from administering or assisting in administering a scholarship, fellowship, or other form of financial assistance pursuant to a domestic or foreign will, trust, bequest, or similar instrument that requires awards be made to members of a particular sex specified therein; provided that the overall effect of sex-restricted financial assistance shall not discriminate on the basis of sex, as set forth in title 34, Code of Federal Regulations section 106.37(b)(1), as in effect on January 1, 2019.

     (e)  Nothing in this chapter shall preclude a student participating in any educational program or activity who is aggrieved by a violation of this chapter from filing a civil action in a court of competent jurisdiction.

     (f)  A person, or an organization or association on behalf of a person alleging a violation of this chapter may file a complaint pursuant to this chapter.

     (g)  As used in this section:

     "Educational program or activity that receives state financial assistance" means any educational program or activity that receives state financial assistance, in any amount, for any purpose.  The term does not exclude an educational program or activity that also receives federal funds.

     "State educational program or activity" means an educational program or activity of the University of Hawaii, the department of education, or public charter schools. [L 2018, c 110, §2; am L 2019, c 177, §2]