Economy May 19, 2026 12:10 PM

Democratic-led states sue Education Department over loan rule that narrows professional degree eligibility

Attorneys general and two governors say new rule unlawfully excludes many health professional programs from higher loan caps and threatens protections for current borrowers

By Leila Farooq

A coalition of Democratic state attorneys general from 23 states plus the District of Columbia, joined by the governors of Kentucky and Pennsylvania, filed suit in federal court in Maryland challenging a Department of Education rule that implements recent federal loan caps. The plaintiffs say the rule unlawfully narrows the definition of 'professional degree' to exclude many health-related advanced programs, potentially restricting loan access for aspiring nurses, physician assistants and physical therapists. The suit also targets a department provision that the states say would strip so-called grandfathered protections from current borrowers who transfer schools or temporarily withdraw and later re-enroll.

Democratic-led states sue Education Department over loan rule that narrows professional degree eligibility

Key Points

  • A coalition of 23 Democratic state attorneys general, the District of Columbia, and the governors of Kentucky and Pennsylvania filed suit in federal court in Maryland challenging the Education Department’s rule implementing new federal student loan caps.
  • The department’s regulation, announced April 30, implements caps from the One Big Beautiful Bill Act that limit borrowing for professional degree students to $50,000 per year and $200,000 total, and for other graduate students to $20,500 per year and $100,000 overall - a framework the states say the department unlawfully narrowed.
  • Sectors affected include higher education and the healthcare workforce, since the rule’s narrowed definition of "professional degree" excludes many health-related advanced programs and may restrict access to loans for prospective nurses, physician assistants and physical therapists.

A group of Democratic state attorneys general representing 23 states and the District of Columbia, together with the governors of Kentucky and Pennsylvania, have brought a federal lawsuit in Maryland disputing a Department of Education regulation that implements new federal student loan limits.

The rule, announced on April 30, puts into effect borrowing caps Congress adopted last July when it approved President Donald Trump’s tax and spending measure known as the One Big Beautiful Bill Act. Under that statute, students enrolled in professional degree programs - identified by lawmakers as programs such as law and medical schools - face limits of $50,000 per year and $200,000 in total federal borrowing. Students in other graduate programs are subject to lower caps: $20,500 per year and $100,000 overall.

The states argue that Congress, in setting those caps, relied on an existing federal definition of a "professional degree" that was intended to include programs that prepare students for careers that generally require professional licensure. According to the complaint, the Education Department’s implementing regulation departs from that congressional definition by narrowing who qualifies as a professional student. The narrower rule, the states say, excludes many advanced health-related programs such as nursing, physician assistant, and physical therapy tracks.

"This rule will shut talented people out of critical professions and leave communities with fewer health care providers they desperately need," New York Attorney General Letitia James said in a statement.

Officials at the Education Department have defended the caps. Under Secretary of Education Nicholas Kent described the limits as a commonsense response to "decades of unchecked student loan borrowing that gave schools no reason to control costs." He said the states bringing the suit are more concerned with institutional finances than with students and families' access to affordable postsecondary education.

The lawsuit contends the department’s regulation violates the Administrative Procedure Act, arguing it contradicts the statute Congress enacted and is arbitrary and capricious. The filing requests judicial relief invalidating the rule on those grounds.

In addition to the dispute over which programs qualify for the higher professional degree caps, the states are challenging a separate aspect of the Education Department’s regulation governing a statutory "grandfather" provision. The law provided protections for current students who had borrowed federal student loans before the caps take effect on July 1. The states maintain the department’s interpretation would strip those protections from borrowers if they transfer to another school or temporarily withdraw and later re-enroll, a result the plaintiffs say is unlawful under the statute.

The litigation frames two central legal claims: first, that the department exceeded its authority by departing from Congress’s definition of professional degrees; and second, that the department unlawfully narrowed statutory protections intended to preserve loan terms for current borrowers. The case is now pending in federal court in Maryland.

Risks

  • Legal uncertainty over the definition of "professional degree": the lawsuit alleges the Education Department’s rule contradicts the statutory definition, creating a risk that the rule could be overturned or revised, which would affect colleges, graduate students and lenders.
  • Potential loss of grandfathered protections for current borrowers: the states say the department’s interpretation could strip protections from students who transfer or temporarily withdraw and later re-enroll, creating uncertainty for borrowers planning school changes.
  • Impact on healthcare labor supply: by excluding certain health-related advanced programs from the higher borrowing caps, the rule may reduce access to federal loans for students entering nursing, physician assistant and physical therapy tracks, a risk the states say could leave communities with fewer providers.

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