Professional Definition Lawsuit Won’t Be Resolved for Months

One of several lawsuits challenging the Education Department’s plans to implement new loan limits on graduate students will run until at least December, according to a briefing schedule proposed by the plaintiffs and the government. 

The document, filed with the court last week, outlines when both parties will submit various motions and replies over the next several months. The plaintiffs, which include the American Association of Nurse Practitioners, are planning to file their motion for summary judgment by Oct. 2, according to the schedule. Seeking summary judgment allows the judge to reach a final decision without a trial. After all the motions and replies are filed, which should be by Dec. 4, the judge can rule.

The American Association of Nurse Practitioners and other health-care associations have argued that the Education Department’s definition of professional degree programs, which is used to determine which graduate borrowers have access to higher loan caps, was contrary to law. 

The judge in this lawsuit, Beryl A. Howell of the U.S. District Court for the District of Columbia, put that definition on hold last month after determining that the department didn’t have the authority to adopt a definition different from what Congress included in the law that put the loan limits in place. Since that court ruling, ED has released a list of 29 programs that are considered professional while litigation continues.

The plaintiffs have until July 30 to amend their original complaint and potentially challenge that temporary list of programs, according to the schedule.

That agreed-to schedule could change if ED issues new guidance related to the loan limits and if the plaintiffs change their complaint.