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Union Coalition Files Suit Against Education Department Over 'Professional Degree' Definition

On Tuesday, a coalition of unions led by the American Federation of Teachers filed a lawsuit against the U.S. Department of Education, challenging the agency's regulatory definition of 'professional degree' that excludes education graduate programs. The definition determines federal student loan borrowing caps: students in recognized professional programs can borrow up to $200,000, while those in excluded fields like education are limited to $100,000. The lawsuit follows a federal judge's June order that temporarily blocked the department's definition, prompting an expansion of the list to include nursing, physical therapy, athletic training, and occupational therapy, but education remains excluded as of July 10. The plaintiffs seek to vacate and postpone the effective date of the Reimagining and Improving Student Education rule, alleging it conflicts with the One Big Beautiful Bill Act and the Higher Education Act. The Education Department defends its interpretation, stating it is confident in its legal stance and prioritizes students and families over institutional interests.

2026-08-127views
Union Coalition Files Suit Against Education Department Over 'Professional Degree' Definition

A coalition of unions, including the American Federation of Teachers (AFT), filed a lawsuit on Tuesday against the U.S. Department of Education, challenging the agency's regulatory definition of a "professional degree." The definition, which controversially excludes education graduate programs, determines the maximum amount students can borrow in federal student loans.

Under the current rule, students enrolled in advanced degree programs classified as "professional" by the Education Department are eligible to take out up to $200,000 in federal student loans. In contrast, those pursuing fields excluded from the designation—such as education—are capped at $100,000.

The lawsuit comes in the wake of a June order from a federal judge who temporarily blocked the department's professional degree definition. As a result of that court order, the Education Department expanded its list of professional degree programs to include nursing, physical therapy, athletic training, and occupational therapy. However, as of July 10, education graduate programs remain excluded from the list.

Union Allegations and Impact

The unions' lawsuit alleges that the department's professional degree definition "will make it more difficult and less attractive for students to enter the nursing and teaching profession." The complaint specifically argues that AFT will be harmed by the regulation, as it is expected to exacerbate teacher shortages, which in turn could reduce the number of potential AFT members in the future.

The plaintiffs are asking the U.S. District Court for the District of Columbia to vacate and postpone the effective date of the Education Department's Reimagining and Improving Student Education rule, which contains the contested professional degree definition. Other union plaintiffs in the case include the American Federation of State, County and Municipal Employees (AFSCME), National Nurses United, and the AFL-CIO.

The union coalition further alleges that the new rule's professional degree definition was unlawfully narrowed, conflicting with Congress's One Big Beautiful Bill Act and the Higher Education Act.

Statements from Union and Department Officials

In a Tuesday statement, AFT President Randi Weingarten called on the court to halt the Trump administration's "unlawful attack on college affordability." She criticized the administration's actions, stating, "One of the most cynical, cruel components of the Trump tax bill was the cuts to the higher education student loan program. Now the effect is clear: By 'de-professionalizing' nursing, architecture, social work, teaching and countless other careers, the Trump administration is eviscerating education access for poor and working-class students and their families and dismantling pathways to the middle class."

When the Education Department initially omitted graduate education programs from the professional degree definition, it explained in its final rule that advanced education degrees are not required to enter a specific profession or obtain licensure, and therefore do not meet the test to be considered professional degrees.

The exclusion has raised concerns among K-12 advocates, who worry that the change will make it more difficult for schools to recruit and retain administrators, teachers, and counselors.

The Education Department remains steadfast in its defense of the new regulation. In a Wednesday statement emailed to K-12 Dive, Ellen Keast, the department's press secretary for higher education, said the agency "is confident in its interpretation of the law" and will "put students and families—not institutions, unions, or special interests—first and make higher education more affordable."

Keast added, "This latest lawsuit, coupled with the ones that came before it, makes one thing clear: nearly every program believes it should be entitled to the higher federal loan limits. For nearly two decades, the Department has consistently used a narrow, technical definition of what constitutes a professional degree. Now that Congress has tied higher loan limits to that longstanding definition, institutions, unions, and trade associations that benefited from the status quo are suddenly trying to rewrite history."