Nursing gains 'professional' label for student loans after judge's ruling, but theology now dropped

WASHINGTON -- Students pursuing graduate degrees in nursing, physical therapy and several other fields will be eligible to take out higher federal student loan amounts — at least for now — after a federal judge blocked part of a Trump administration rule that held them to lower limits.

The U.S. Education Department issued a revised rule on Monday designed to follow the judge's order from last week, officials told The Associated Press. Agency officials called it a temporary change while they fight in court to keep the original rule, which defined medicine, law and other fields as “professional programs” but excluded fields such as nursing.

The department disagrees with the judge's order but will comply, even as officials plan to prevail in the case over which degrees are defined as “professional,” Undersecretary Nicholas Kent said in a statement. “We will continue to make the case that the definition is both lawful and appropriate,” he said.

The change represents a short-term win for groups that sued to stop the rule. Eight groups challenged the department's definition in court, representing nurse practitioners, therapists, speech language pathologists and more.

But in strictly applying the judge's order, the department is now striking some degrees from the list of professional programs, meaning those students will face lower loan limits. Theology studies programs are among the biggest to shift from professional to non-professional degrees in the shuffle, subjecting theology students to a lower student loan limit. The master of divinity degree — a common degree for pastors and ministers — remains on the professional list, with a more generous student loan limit.

The new rule, which takes effect Wednesday, comes from a student loan overhaul passed in President Donald Trump's tax bill last year. Programs designated as professional degrees face federal loan caps of $200,000, while other graduate programs are capped at $100,000.

Previously, graduate students had been able to take out federal loans up to the full cost of their degree. Trump officials pushed for new loan caps to rein in student debt and lower tuition prices that they said had grown out of control.

The groups that brought the lawsuit said the rule would require students to forgo their studies or take out riskier private loans. Although many graduate nursing degrees fall within the lower loan limits, some can cost more than $100,000, including in high-demand fields like nurse anesthesia.

In a notification to universities on Monday, the Education Department said it's confident the Trump administration's initial rule will ultimately be upheld in court. The amended rule is expected to remain in effect during the judge's preliminary stay, but the department warned that it “may change as litigation in the case proceeds.”

The original rule included about a dozen programs that were deemed professional, which Trump officials had said was not a judgment on their importance but part of a technical definition dating to the 1960s. Along with law and medicine, that list also included theology, pharmacy, veterinary medicine, clinical psychology and more.

The temporary rule expands that list to 29 specific degree programs, including master of science in nursing, doctor of nursing practice, and doctor of nurse anesthesia practice. Others newly added to the professional list include degrees for physical therapy, athletic training, speech-language pathology, physician associates and anesthesiologist assistants.

The department's communication listed about 25 programs that are now considered non-professional degrees. Along with theology, that list now includes applied psychology, pharmaceutical sciences and others. (The doctor of pharmacy degree remains professional.)

Last week's court ruling blocked parts of the Education Department's definition that were added in a federal rulemaking process. U.S. District Judge Beryl Howell in Washington called it a “misguided” interpretation that strayed from a longstanding definition created by Congress.

The department's definition laid out several criteria used to weigh if degrees count as professional programs. It said those degrees generally take six years to complete and require licenses to begin practicing, among other requirements.

It also said professional degrees cannot lead to employment that must be "be supervised by another professional" with “more education, training, and qualifications.”

A separate lawsuit filed by a coalition of Democratic-led states challenging the loan caps is still pending.

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Associated Press Writer Heather Hollingsworth contributed to this report from Kansas City.

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