Hawaii 2026 Legislative Session Undesignated Enactments § -1

(a) Unless the parties agree otherwise in writing, any donor-conditioned educational award for attendance at a private pre-school, elementary, middle, or high school or any school-conditioned enrollment at any private school where no tuition or other monetary consideration is required or paid by the recipient shall be considered to be a conditional gift and not a contract, notwithstanding that the donor or school operator may require the student or the student's parents or guardians to:

(b) A conditional gift under this section may be subject to reasonable conditions, including eligibility criteria, academic performance minimums, standards of conduct, enrollment status, or other donor-imposed or educational institution requirements, and the continuation of the award shall be contingent upon the satisfaction of those conditions.

(c) The modification or termination of any donor-conditioned educational award or any school-conditioned enrollment for failure to satisfy the applicable conditions shall not give rise to a contractual claim;  provided that the conditions are applied in a manner consistent with the terms of the award and applicable law.

(d) For the purposes of this section, “donor-conditioned educational award” means a scholarship, grant, tuition waiver, or similar educational benefit funded in whole or in part by a private donation, endowment, or charitable contribution and subject to donor-imposed conditions.