Grand Canyon University v. Miguel Cardona

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GRAND CANYON UNIVERSITY, No. 23-15124

Plaintiff-Appellant, D.C. No. 2:21-cv- 00177-SRB v.

MIGUEL A. CARDONA, in his OPINION official capacity as Secretary of the United States Department of Education; U.S. DEPARTMENT OF

EDUCATION,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona Susan R. Bolton, District Judge, Presiding

Argued and Submitted January 24, 2024 Pasadena, California

Filed November 8, 2024

Before: Daniel P. Collins, Danielle J. Forrest, and Jennifer Sung, Circuit Judges.

Opinion by Judge Collins SUMMARY *

Higher Education Act of 1965 / Administrative Procedure Act

The panel reversed the district court’s summary judgment in favor of the Department of Education in an action brought by Grand Canyon University (“GCU”) challenging the Department’s denial of GCU’s application to be recognized as a nonprofit institution under the Higher Education Act of 1965 (“HEA”). In considering GCU’s application, the Department concluded that even though GCU had satisfied the regulatory…