The U.S. Department of Education under Secretary Linda McMahon has formally restored Grand Canyon University’s nonprofit status, a reversal of a years-long dispute that had kept recognition of the Phoenix-based university’s tax-exempt classification in limbo.
The Department of Education’s (USDOE) action means it will now consider Grand Canyon University (GCU) a nonprofit institution for federal purposes, aligning its treatment under federal student-aid rules with the university’s longstanding recognition as a nonprofit by the Internal Revenue Service.
“We are appreciative that officials within the current Department of Education adhered to the recent Ninth Circuit decision in our favor and conducted an objective and thorough review of GCU’s operations in determining GCU’s nonprofit status under the correct legal standard,” GCU President Brian Mueller said in a statement. “We look forward to working with the Department in a cooperative manner moving forward and being part of the conversation to address the many challenges facing higher education.”
The move follows a May decision by the USDOE to reverse a $37 million fine against GCU, imposed under the Biden administration with prejudice. The fine was the largest ever levied by the agency against a university.
In November 2024, the U.S. Court of Appeals for the Ninth Circuit ruled that the Department of Education had unlawfully denied GCU nonprofit status and remanded the matter to the department for reconsideration under the correct legal standard. In 2018, the IRS reaffirmed GCU’s 501(c)(3) tax-exempt status after a multi-year audit, concluding that the university met all requirements of a nonprofit educational institution.
The restoration of nonprofit recognition comes as several Arizona members of Congress and other lawmakers have publicly advocated for the university’s status.
U.S. Rep. Eli Crane (R-AZ02) took to X on Monday to highlight the Education Department’s decision, calling the reinstatement of nonprofit status a significant development for the institution.
On March 5th, I joined @RepAndyBiggsAZ in a bipartisan delegation letter urging @usedgov to recognize @gcu as a nonprofit institution of higher education.
U.S. Rep. Andy Biggs (R-AZ05) also posted on X following the department’s announcement, noting the change in federal recognition and urging continuation of support for aligned legislative efforts.
In previous years, Arizona Republican lawmakers, including Reps. Gosar and Biggs had criticized the Department of Education’s handling of the university’s nonprofit status and its regulatory actions. They characterized earlier denials and fines as misplaced or excessive and called for greater alignment between federal treatment and GCU’s IRS-recognized status, per the Arizona Sun Times.
Gosar told the outlet at the time, “GCU is being targeted for its religious views and for being the largest Christian university in the country. The Department of Education should recognize GCU’s lawful nonprofit status and stop the harassment.”
With the Education Department’s updated decision, the agency will now consider GCU’s application as a nonprofit institution in future federal evaluations, including eligibility for Title IV federal student financial aid programs.
“This decision removes the cloud of confusion over our nonprofit status and allows us to put our complete focus and resources on our mission to provide affordable, Christian higher education to students from all socioeconomic backgrounds,” Mueller added. “We are excited to move forward with clarity and purpose.”
According to the university, nonprofit recognition is also expected to expand access to private scholarships restricted to nonprofit institutions, increase eligibility for nonprofit-specific grants and partnerships, restore eligibility for future government relief programs, reduce legal expenses associated with defending its status, and solidify GCU’s standing as a voting member of NCAA athletics.
On National Nonprofit Day, August 17, the Arizona Department of Revenue (ADOR) urged nonprofit organizations across the state to check whether they had unclaimed property waiting to be recovered.
ADOR officials noted that many nonprofits may not have realized they were entitled to unclaimed assets such as forgotten bank accounts, uncashed checks, or insurance proceeds. Recovering those funds, the department emphasized, could provide a valuable boost to organizations that serve Arizona communities.
“Every dollar returned to a nonprofit is a dollar that can support the essential work they perform,” the agency stated.
The search process is free, simple, and takes only a few minutes. Nonprofits are encouraged to visit ADOR’s unclaimed property website at azdor.gov/unclaimed-property to see if funds are available. Organizations can search by their nonprofit name and any states in which they operated. Claim forms and filing instructions were also available online. Nonprofits were also encouraged to use the nationwide database missingmoney.com for a broader search.
ADOR says the effort aims to help nonprofits reconnect with resources that belong to them, strengthening their ability to continue providing services across Arizona.
Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.
The federal government unlawfully denied Grand Canyon University (GCU) its nonprofit status, per a new federal court ruling.
Last week, the Ninth Circuit Court of Appeals ruled in Grand Canyon University v. Miguel Cardona that the U.S. Department of Education (ED) was wrong to refuse the Christian university their nonprofit status.
Circuit Judge Daniel Collins reversed the summary judgment by District Court Judge Susan Bolton favoring ED. Collins remanded GCU’s nonprofit status back to ED for review.
ED had determined that GCU’s organizing documents satisfied the IRS organizational test’s requirements; however, ED denied GCU when it came to the operational test. ED determined that GCU’s primary activities and its stream of revenue both didn’t benefit the university. Collins disagreed.
Collins ruled that ED had invoked the wrong legal standards, going beyond the Higher Education Act (HEA) requirements to impose exceeding IRS regulations. Rather, Collins ruled that HEA standards only require ED to determine whether GCU was owned and operated by a nonprofit corporation and whether GCU satisfied the no-inurement requirement.
“The Department invoked the wrong legal standards by relying on IRS regulations that impose requirements that go well beyond the HEA’s requirements and instead implement a portion of § 501(c)(3) that has no counterpart in the definition of the term ‘nonprofit’ set forth in HEA § 103(13),” ruled Collins.
The inurement requirement allows nonprofits to buy from for-profit companies at fair market value.
GCU has been battling with ED over its nonprofit status since 2019, when ED denied the IRS status granted to GCU. GCU had historically been a nonprofit school, save a stint in the early 2000s when the university went for-profit to avoid bankruptcy.
After GCU sued ED in 2021 over the denial, ED launched a coordinated investigation with the Federal Trade Commission and Department of Veterans Affairs for unfair or deceptive practices.
Last year, ED levied a $38 million fine against GCU.
GCU maintained that ED targeted them over their ideological differences, since they are a Christian university.
Bob Romantic, GCU executive director of the office of communications and public relations, said in a press release that the nonprofit status would allow GCU to thrive more than it has been able to under a for-profit status.
“While the university remains exceedingly proud of what it achieved during its short stint as a for-profit institution, building up GCU from the brink of bankruptcy into the largest Christian university in the country, nonprofit status best allows the university to accomplish its goals around research, grant writing, development, being full members of the NCAA, etc.,” said Romantic. “Today’s decision is a long-awaited correction to the Department’s unlawful application of a standard that improperly denied GCU of its nonprofit status, and we are hopeful for a quick affirmation of the university as a nonprofit institution.”
President-elect Donald Trump pledged to dismantle ED “very early” in his administration in a campaign video last year, citing America’s high spending and poor student outcomes compared to other nations.
“[We’re] sending all education and education work and needs back to the states. We want them to run the education of our children, because they’ll do a much better job of it. You can’t do worse,” said Trump. “We’re going to end education coming out of Washington, D.C., we’re going to close it up, all those buildings all over the place, and yeah people that, in many cases, hate our children. We’re going to send it all back to the states.”
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On Friday morning, the U.S. Supreme Court, in a landmark decision, struck down California’s demand that nonprofit advocacy groups turn over confidential information about their donors. The 6-3 ruling in Americans for Prosperity Foundation v. Bonta is considered a major victory for First Amendment advocates.
At issue was a dispute that began in 2014, when the Thomas More Law Center and the Americans for Prosperity Foundation went to federal court to challenge California’s rule.
“The case ends more than a decade of litigation that began when then-Attorney General Kamala Harris abruptly ended the practice that allowed nonprofits to turn in their annual reports with private information redacted, as a security measure. That had been allowed for many years, since if the Attorney General’s office ever actually needed such information, it could easily get it in many other ways—such as a subpoena or audit,” explains Timothy Sandefur of the Goldwater Institute in a blog post. “But in 2010, Harris ordered any nonprofit that collected money in California to hand over copies of their unredacted IRS paperwork. That information would be placed into a government database that Harris promised would be kept confidential. Of course, it wasn’t—a trial judge later found almost 2,000 instances in which Harris’s office allowed this information to be publicly circulated. (The Goldwater Institute received such a demand, but refused to disclose this information.)”
Chief Justice John Roberts wrote the majority opinion which reverses the 9th Circuit Court opinion.
In his blog post, Sandefur says the Court’s ruling “vindicates the privacy rights of millions of Americans who choose to contribute to nonprofit organizations that articulate the political, cultural, or religious values they hold dear. That choice is guaranteed by the First Amendment—yet many federal, state, and local officials continue to devote their powers to stripping donors of their privacy rights whenever they exercise that constitutional freedom. This is often done under the guise of “transparency,” but transparency is for government—privacy is for people. Today’s decision is a victory for the free speech rights of all Americans, whatever their ideological background—and we look forward to continuing the fight for freedom of speech and privacy at the federal, state, and local levels.”
