A coalition representing advanced nurses, public health workers, educators, and therapists escalated its legal challenge against the Department of Education’s implementation of professional degree classifications. The group filed an amended complaint on Monday, arguing that the agency continues to use definitions that improperly restrict which graduate programs qualify as “professional” under federal law and therefore become eligible for increased loan borrowing limits.
The original lawsuit was filed in May, asserting that the department’s regulatory language interpreting a new law was overly narrow and unlawfully excluded qualifying degree programs. A district court judge suspended the department’s definition in late June before the regulations took effect, instructing the agency to apply Congress’s existing definition while the litigation proceeded. The Education Department subsequently released an updated list in late June that expanded the number of qualifying professional programs from 11 to 29.
Despite this expansion, the plaintiffs contend the revised guidance still fails to align with congressional intent. The amended complaint states the department “acted arbitrarily and capriciously” in issuing the updated list, which continues to exclude programs meeting Congress’s statutory definition of professional degrees. Members of the plaintiff organizations claim they suffer ongoing harm from these exclusions.
The nursing programs present particular concerns under the department’s classification system. While the department designated certain Master of Science in Nursing and Doctor of Nursing Practice degrees as professional using six-digit classification codes, not all advanced nursing programs fall within the same categories. After the plaintiffs raised these issues, the department clarified on July 10 that it would use broader four-digit classification codes for determining advanced nursing degree eligibility. However, the plaintiffs argue this adjustment still fails to recognize Doctor of Philosophy in Nursing degrees and other specialized advanced nursing programs. Other graduate fields, including Educational Psychology, also appear to meet Congress’s definition but were excluded from the latest list, sometimes after appearing on the original version.
The plaintiffs seek a judicial ruling declaring the department’s guidance violates federal law and that programs offered by their member organizations qualify as professional degrees. Similar concerns have been raised by other social work and education groups not party to this case.
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