Court Temporarily Blocks Department of Education’s New Definition of Professional Degree

A U.S. district court on Wednesday temporarily blocked key portions of the U.S. Department of Education’s (ED) new professional degree definition under its Reimagining and Improving Student Education (RISE) rule pertaining to graduate student loan caps.

The nationwide stay, pending final resolution of the litigation, was issued just days before the rule was set to take effect on July 1. The stay temporarily pauses ED’s authority to implement its new requirements that would have established a narrow definition of which programs qualify as professional degree programs and thus qualify for a higher graduate student loan cap. Institutions will instead, for the time being, use the existing three-part standard under which a professional degree generally signifies preparation for entry into practice, reflects a level of skill beyond that required for a bachelor’s degree, and generally requires licensure. ED has not indicated whether it will appeal the rule, and may issue updated guidance.

The judge said the rule’s definition of professional degree likely violated the Administrative Procedure Act by adding requirements to the definition of professional degree not authorized by Congress. The judge wrote that, “Congress could not have been clearer as to the meaning of ‘professional degree,’ having expressly adopted in its entirety the longstanding definition set forth in 34 C.F.R. § 668.2.”

The lawsuit was brought by professional associations representing multiple healthcare disciplines. The opinion is available here. An article from Inside Higher Ed is here.