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Two lawsuits have been filed challenging the Education Department’s new regulations that limit postbaccalaureate student loans.
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One lawsuit was filed by attorneys general from 25 states and the District of Columbia.
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Another lawsuit was filed by a group of professional associations, including the American Association of Nurse Practitioners.
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The challenged regulations stem from a section of Congress’s One Big Beautiful Bill Act that caps federal borrowing for graduate and professional students.
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Under the new regulations, only students pursuing one of 11 qualifying professional degrees would be eligible to borrow up to $200,000.
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All other graduate students would be capped at $20,500 per year or $100,000 total in federal loans.
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The professional degree programs listed under the rule are: Pharmacy, Dentistry, Veterinary medicine, Chiropractic, Law, Medicine, Optometry, Osteopathic medicine, Podiatry, Theology, and Clinical psychology.
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According to the One Big Beautiful Bill Act, a professional degree program must: signify completion of academic requirements for beginning practice in a profession, signify a level of professional skill beyond a bachelor’s degree, and generally require professional licensure.
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The One Big Beautiful Bill Act references a nonexhaustive list of 10 professional degree programs from the Higher Education Act.
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The Education Department’s regulation adds criteria that effectively limit professional programs to the 10 degrees listed in the Higher Education Act plus clinical psychology.
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Plaintiffs argue that the Education Department exceeded its statutory authority by treating a nonexhaustive list as exhaustive.
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Plaintiffs also argue that the Education Department’s inclusion of clinical psychology but exclusion of other high-demand health-care degrees was arbitrary and capricious.
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Additional requirements in the regulation include that the degree must take at least six academic years to complete (including undergraduate studies), generally be doctoral-level, and not lead to a career supervised by another professional with more education, training, and qualifications.
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The regulation limits eligible programs to those within the same four-digit CIP code as the degrees cited in the Higher Education Act.
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CIP codes are a six-digit system used by the Education Department to classify fields of study, with more digits indicating greater specificity.
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If the Education Department had used only the first two digits of CIP codes, many other health-care fields like nursing would have been included.
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The professional associations’ complaint argues that the Education Department violated the Master Calendar requirement due to the short timeframe between finalizing the regulations and their scheduled July 1 effective date.
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The attorneys general filed their lawsuit on May 19 in Washington, D.C.
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The attorneys general seek a permanent injunction to block the challenged provisions of the regulation.
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The regulation is scheduled to take effect on July 1.
Lynn Eisenberg, attorney representing the associations
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Lynn Eisenberg said, "The Department’s decision to substantially narrow the programs subject to higher loan caps puts entrance to essential nursing, healthcare, therapy, and education professions out of reach for thousands of would-be students and undermines the professional programs themselves."
Lynn Eisenberg, attorney representing the associations
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Lynn Eisenberg said, "We are proud to support this broad coalition of associations standing up for their members and for the future of these important professions."
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The complaint from the attorneys general states, "The final rule narrows the definition incorporated into [the One Big Beautiful Bill Act] and effectively makes [an] illustrative list of degrees exclusive. Congress never intended anything of the sort."
Tres Cleveland, partner at Thompson Coburn LLP and co-chair of the firm’s higher education practice group
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Tres Cleveland said, "I have been wrong many times in [predicting] what courts will do, and I’m sure I’ll be wrong in the future, but I would be surprised if there was not some type of injunction that would limit this rule coming into effect."
Emily Merolli, founding partner at Sligo Law Group
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Emily Merolli said, "The Education Department created a mess where there didn’t need to be one."
Emily Merolli, founding partner at Sligo Law Group
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Emily Merolli said, "I’m really grateful that I’m not a financial aid administrator, because this is incredibly stressful for them, as … it just creates an insane amount of chaos and expense for universities as they’re trying to figure out how to navigate this."
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Some conservative policy experts support the Education Department’s policy, arguing that Congress was clear about the policy’s rapid implementation and intent to limit loan access.
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Some higher education legal experts believe the plaintiffs have a sound argument, and a recent Supreme Court ruling rejecting judicial deference to agency interpretations could strengthen their cases.
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Additional lawsuits challenging the regulations—including one from the American Academy of Physician Associates—are likely.
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