Did Pauahi define in her Will who could attend Kamehameha Schools?
No, but in her Will she provided specifically that a preference be given to Hawaiians who are orphaned or indigent. It says:
"devote a portion of each year’s income to the support and education of orphans, and others in indigent circumstances, giving the preference to Hawaiians of pure or part aboriginal blood."
Her will gives full power to her trustees to regulate admissions, and the trustees recognized it was Pauahi's intent to give Hawaiians a preference in admittance to the Schools. This is confirmed by the writings of her husband, Charles Reed Bishop, a Kamehameha Schools trustee from 1884-1897. The preference policy has been adhered to by successor trustees for 114 years.
"I also give unto my said trustees full power to make all such rules and regulations as they may deem necessary for the government of said schools and to regulate the admission of pupils…” (Article Thirteenth, Pauahi’s Will, October 31, 1884)
"...it was decided that schools should be preferred, not for boys and girls of pure or part aboriginal blood exclusively, but that class should have preference; that is they should have the first right, provided, of course, that they took advantage of the opportunity and complied with the conditions and rules of the Will and of the Trustees of the Estate..." (Charles Reed Bishop letter to Samuel Damon, October 9, 1911)
Pauahi foresaw "...that, in a few years the natives would have to compete with the other nationalities in all the ways open to them for getting an honest living; And so, in order that her own people might have the opportunity for fitting themselves for such competition...these schools were provided for, in which Hawaiians have the preference, and which she hoped they would value and take the advantages of as fully as possible." (Charles Reed Bishop address to KSB students, December 19, 1887)
"...it was intended and expected that the Hawaiians having aboriginal blood would have preference, provided that those of suitable age, health, character and intellect should apply in numbers sufficient to make up a good school." (Charles Reed Bishop letter to Samuel Damon, March 15, 1901)
What did the will say about tuition?
Codicil No. 2 to Pauahi's Will in Article 4th provides that the trustees shall have the power “to determine if tuition shall be charged in any case.”
Each year, KS subsidizes about 85 percent of K-12 tuition costs. Despite that, about 65 percent of the students enrolled full-time in Kamehameha’s K-12 campus programs receive full or partial financial aid, amounting to millions of dollars annually.
What is the legal status of KS' admissions policy?
A majority of a 15-judge appeals court panel upheld Kamehameha’s admissions policy in Doe v. Kamehameha on December 5, 2006. The panel majority ruled that Kamehameha has a legal right to offer admissions preference to Native Hawaiian applicants as a way to remedy past harms and current imbalances suffered by the Indigenous people of Hawai‘i as a result of Western contact. The panel majority also found that Congress has recognized it has a special trust relationship with Native Hawaiians and in furtherance of that relationship, has enacted more than 85 statutes supporting programs designed to improve Hawaiian well-being.