HAR §8-39-1
HAR §8-39-1. General rule
Cite as Haw. Code R. § 8-39-1
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)