Yeah, they were, weren't they? So what's become of that? Well, it would appear that, like all lawsuits, it's becoming the usual drawn-out exercise in paperwork-generating tedium. But the ICR did, amusingly, recently file a motion for summary judgment, before the Texas Higher Education Coordinating Board even managed to complete discovery for their defense. Basically the ICR's argument is a variant on the tried-and-true "Waah we're Christians and rules don't apply to us!" whine creationists typically rely on. You can read the motion, the burden of which is that, because the ICR doesn't take state money, the THECB has no jurisdiction over them. The THECB responds by saying, well, yes we do. Ah, it's never a dull moment dealing with entitled creationists who feel they can "educate" without any oversight.
Wait, what am I saying? It's nothing but dull moments! Criminy.
From the ICR motion:
The Texas Higher Education Coordinating Board ("THECB"), to the extent that it claims any jurisdictional or regulatory authority over ICRGS's academic liberties under the Texas Education Code (e.g., under its Chapter 61 or otherwise), does so improperly, because ICRGS is statutorily exempt from the Texas Education Code's application, as the fairly simple text of said §1.001(a) clearly shows.
From the THECB's response:
Plaintiff's contention purposefully and improperly ignores the remainder of the Texas Education Code.... Chapter 61 of the Texas Education Code the Higher Education Coordinating Act of 1965 includes a subchapter which expressly authorizes the Higher Education Coordinating Board to regulate private postsecondary educational institutions.
Wow. Quote-mining the law now? How very creationist of them.