Nurse Associations and Others Also RISE Up in Second Lawsuit Challenging Department of Education’s Final ‘Professional Degree’ Rule
Tres Cleveland, Lorrie Hargrove and Brandt Hill
May 28, 2026
The Department of Education’s Final RISE Rule (the “Rule”)[2] narrowing the definition of “professional degree” under the One Big Beautiful Bill Act (“OB3”) is facing immediate legal challenges on two fronts—and higher education institutions should be watching closely. The Rule, published May 1, 2026 and set to take effect July 1, 2026, would exclude numerous healthcare and other professional programs—including nurse practitioners, physical therapists, physician assistants, educators, public health professionals, and marriage and family therapists—from the “professional degree” definition and thus from OB3’s higher federal student loan limits for students seeking such degrees. The Rule has caused an uproar from healthcare professions nationwide, particularly in the nursing field. Two lawsuits filed in May 2026 allege the Department exceeded its statutory authority, and one has already moved for emergency relief to block the Rule before it takes effect.