BY Benjamin ClarkNovember 17, 2024
2 months ago
BY 
 | November 17, 2024
2 months ago

9th Circuit Court Orders Reevaluation Of Christian University's Non-Profit Status

The U.S. 9th Circuit Court of Appeals has ruled that the Department of Education improperly handled the non-profit status application of Grand Canyon University, a significant decision for the Phoenix-based institution.

The court's decision mandates a reassessment of the university's non-profit status under appropriate legal standards set by the Higher Education Act, the Christian Post reported.

Grand Canyon University (GCU) sought to transition back to non-profit status in 2018, achieving approval from various Arizona state bodies and the Internal Revenue Service. Despite these approvals, the U.S. Department of Education denied this status in 2019, which has led to substantial legal debates and financial implications for the university.

The Department’s denial centered on concerns that GCU’s revenue streams were improperly benefiting a former for-profit entity. This decision was challenged by GCU, leading to a lengthy legal process culminating in the recent unanimous decision by the 9th Circuit Court of Appeals.

The appeals court found that the Department of Education’s assessment did not adhere correctly to the guidelines prescribed by the Higher Education Act, focusing instead on IRS criteria that differed from the required educational standards.

Educational Standards Versus IRS Criteria

The ruling highlighted the necessity for the Department to apply the private inurement test correctly, recognizing that independent valuation studies affirmed GCU's transactions were at fair market value. This finding suggests GCU was compliant with IRS-approved standards and displaced the Department’s basis for their initial denial.

This reassessment could allow GCU to regain access to federal funds and research grants that are especially pivotal for its predominantly Hispanic student base. The importance of these funds cannot be overstated, as they aid in furthering educational opportunities and development within underrepresented communities.

GCU has managed to maintain its tuition rates for 17 consecutive years, adding credibility to its claims of financial propriety and its commitment to education accessibility. Additionally, the university has expanded its educational programs and invested heavily in campus infrastructure, all without raising tuition costs, underscoring its stable financial management.

GCU’s Financial Operations Under Scrutiny

Last year, the Department of Education imposed a $37.7 million fine on GCU for alleged misrepresentations about the costs of its doctoral programs. GCU President Brian Mueller called this fine an example of governmental overreach and has since appealed the decision.

During these financial and legal battles, Education Secretary Miguel Cardona made strong accusations against GCU, labeling it a “predatory school,” a claim that Mueller fervently disputes. Mueller described Cardona’s statements as misunderstood or misinformed criticisms that reflect a lack of awareness of the agency’s actions.

In response to the appellate court's recent decision, GCU expressed optimism about a favorable reassessment by the Department, hinting at a resolution that aligns with the court's findings and the university’s already recognized IRS 501(c)(3) status.

Political Reactions and Calls for Transparency

Following the court’s ruling, Rep. Andy Biggs, R-Ariz., voiced concerns about potential bias in the Department of Education’s handling of GCU’s case. He has demanded a thorough review of the processes involved, suggesting that the issues pointed out by the court reflect deeper institutional biases that need addressing.

Moreover, Biggs commented on the critical need to safeguard educational institutions from what he views as ideological overreach by federal agencies. His statements echo a broader sentiment among GCU’s advocates for a non-partisan approach to educational regulation and oversight.

With the Department mandated to revisit its prior decision under the correct legal framework, there remain significant implications for how educational institutions’ statuses are evaluated federally. The Ninth Circuit’s ruling not only represents a judicial correction but potentially sets a precedent for how similar cases may be handled in the future.

The Department of Education has not yet responded to the ruling, and the education community is keenly watching to see how the reevaluation unfolds and impacts GCU’s operational capabilities and strategic growth. This case may well influence policy considerations and regulatory procedures surrounding educational administration moving forward.

Written by: Benjamin Clark

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