The Institute for Creation Research is apparently conceding defeat in its lawsuit over the Texas Higher Education Coordinating Board's 2008 decision to deny the ICR's request for a state certificate of authority to offer a master's degree in science education from its graduate school. The United States District Court for the Western District of Texas, finding (PDF, p. 38) that "ICRGS [the Institute for Creation Research Graduate School] has not put forth evidence sufficient to raise a genuine issue of material fact with respect to any claim it brings," granted summary judgment to the defendants in a June 18, 2010, ruling. It was not until the September 2010 issue of the ICR's Acts & Facts , however, that the ICR seems to have publicly commented on the decision, with Henry Morris III, the ICR's chief executive officer, writing, "ICR's legal battle is over."

Information about the graduate school vanished from the ICR's website over the summer of 2010, but writing in Creation Ministries International's Journal of Creation (forthcoming 2010; 24 [3]: 54-55), Chris Ashcraft reported (PDF), "On 25 June 2010 the ICR board of directors voted to close the Grad School," citing a June 30, 2010, e-mail from Henry Morris III. Replacing it, apparently, is the ICR's School of Biblical Apologetics, which offers a Master of Christian Education degree; Creation Research is one of four minors. The ICR explains, "Due to the nature of ICR's School of Biblical Apologetics — a predominantly religious education school — it is exempt from licensing by the Texas Higher Education Coordinating Board. Likewise, ICR's School of Biblical Apologetics is legally exempt from being required to be accredited by any secular or ecumenical or other type of accrediting association."