Honig

MEMORANDUM OPINION AND ORDER GRANTING MOTION TO LIFT STAY; GRANTING IN PART AND DENYING IN PART MOTION TO AMEND; GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

The above captioned matter came on for hearing on February 19, 1991, before the Honorable Rudi M. Brewster. Upon consideration of plaintiffs’ Motion to Lift Stay of Proceedings, plaintiffs’ Motion to Amend, and defendants’ Motion to Dismiss, and the oral argument thereon, the court hereby enters the following memorandum opinion and order.

FACTS

The ICR Graduate School (the School) offers graduate degree programs in science, with an emphasis on creationist and Christian interpretation. In 1988, the Private Postsecondary Education Division of the State Department of Education (PPED) sent a Visting Committee to the School in order to review and verify the School's compliance with Department requisites and guidelines for private postsecondary institutions. In late 1988, the Visiting Committee voted by a three to two margin to recommend against approval of the School’s degree programs. In 1989, a second Visiting Committee voted by a four to one margin against recommending approval.

On March 16, 1990, the PPED sent…