Neg Reg Continues Discussion of ‘Program of Study,’ Legacy Provisions, and New Professional Degree Definition
By Maria Carrasco, NASFAA Staff Reporter
The Reimagining and Improving Student Education (RISE) committee reconvened on Wednesday, focusing its discussion on a new proposal from the Department of Education (ED) on how to define “program of study” as it relates to the legacy eligibility for current Parent PLUS loan limits, along with a new definition of a professional degree.
At the start of Wednesday’s session, Tamy Abernathy, ED’s federal negotiator, gave an update about the legacy provisions for the additional unsubsidized loans currently available to students enrolled in programs that had been eligible to borrow under the HEAL program before it expired. Abernathy said that the same legacy provisions that apply to Graduate PLUS annual and aggregate limits would be available for health profession students who currently qualify for the additional unsubsidized borrowing limits.
Abernathy said the department would provide this guidance to institutions through a Dear Colleague letter (DCL) and not through the regulatory process. Andy Vaughn, a negotiator representing proprietary institutions of higher education, asked what the timeline for the DCL would look like, and Abernathy responded that the department would try to do it as soon as possible, possibly when the ED publishes its Notice of Proposed Rulemaking (NPRM).
Vaughn voiced concerns over this timing, noting that some institutions are enrolling students currently for the 2026-27 academic year, and that they will need the guidance sooner.
The RISE committee also continued Tuesday’s discussion of “program of study” regarding the legacy eligibility for current Parent PLUS loan limits. As discussed on Tuesday, the statute allows for current borrowers enrolled in a “program of study” to continue to receive Parent PLUS loans up to cost of attendance less other financial aid for up to three years. However, there is no statutory or regulatory definition for a "program of study."
On Tuesday, ED proposed a program of study, for only the purpose of legacy Parent PLUS eligibility, to be a program that confers an associate or baccalaureate degree. However, negotiators brought concerns about defining this phrase only for Parent PLUS legacy eligibility purposes when the phrase is used widely throughout the Higher Education Act (HEA), the One Big Beautiful Bill Act (OBBBA), and in existing regulations.
On Wednesday, ED returned with new proposed language that, instead of attempting to define “program of study,” explains what is not considered a change in program of study, – “a student who changes majors within the same degree or certificate shall be considered to be enrolled in the same program of study.”
“The department has really taken seriously your concerns and the way that you have worked with us to try to get to the right end game here – what is in the best interest of students and staying within the parameters of the changes of the law,” Abernathy said.
Negotiators asked the department several questions, including what happens if a student transfers from a bachelors of science to a bachelors of arts. Abernathy said that a bachelor's degree is a bachelor's degree, and therefore the student wouldn’t be impacted.
Alex Holt, a negotiator representing taxpayers and the public interest, expressed concerns that the department is not properly defining a program of study, particularly as this concerns undergraduate programs and not graduate programs. Jeffrey Andrade, deputy assistant secretary for policy, planning, and innovation for the Office of Postsecondary Education, said this added language was meant to clarify what a change in program of study is.
Holt said that he sees this language as a potential legal risk, with a student possibly suing ED since it doesn’t specifically outline “program of study” at both the undergraduate and graduate level. ED said they would take another look at its proposal.
Later during the afternoon, Under Secretary of Education Nicholas Kent joined the committee to unveil the department’s definition of professional student and program. A student is considered a professional student if the student is enrolled in a program of study that awards a professional degree upon completion of the program, and ED is proposing the following professional degree definition:
“1. A professional degree is a degree that:
(i) Signifies both completion of the academic requirements for beginning practice in a given profession and a level of professional skill beyond that normally required for a bachelor's degree:
(ii) Is generally at the doctoral level, and that requires at least six academic years of postsecondary education coursework for completion, including at least two years of post-baccalaureate level coursework:
(iii) Generally requires professional licensure to begin practice; and
(iv) Includes a four-digit program CIP code, as assigned by the institution or determined by the Secretary, in the same intermediate group as the fields listed in paragraph (2) (i) of this definition.
2. A professional degree may be awarded in the following fields:
(i) Pharmacy (Pharm.D.), Dentistry (D.D.S. or D.M.D.), Veterinary Medicine (D.V.M.), Chiropractic (D.C. or D.C.M.), Law (L.L.B. or J.D.), Medicine (M.D.), Optometry (O.D.), Osteopathic Medicine (D.O.), Podiatry (D.P.M., D.P., or Pod.D.), Theology (M.Div., or M.H.L.), and Clinical Psychology (Psy.D.)
(3) A professional student under this definition:
(i) May not receive title IV aid as an undergraduate student for the same period of enrollment; and
(ii) Must be enrolled in a program leading to a professional degree under paragraph (2) of this definition.”
Kent said the department believes this is a “rational compromise.”
“I don't want to speak for the institutions in the room, but we have gone through this with them given the impact that it will have on them,” Kent said. “I think that we are in a good place with the institutions, understanding that this may not meet the needs of every institution and every program, but it's certainly going to get us a little bit closer to where we are today versus where we were on Monday.”
Some negotiators supported the definition, including Holt, who said the new definition is a “very thoughtful proposal” which addressed his concerns with legal risks associated with the department’s previously proposed definitions.
Other negotiators had questions and concerns about the new language. Jenna Colvin, a negotiator representing private nonprofit institutions of higher education, asked ED how many graduate professional programs meet the full set of requirements in the proposal. According to ED, the potential universe of programs that could qualify as professional based on CIP codes is 44, although in reality that number will be lower because they will not all meet the other criteria detailed above.
During the discussion, ED was able to show negotiators of potentially eligible professional programs under the four-digit program CIP code, again, with the caveat that they would have to meet the other criteria as well.
The committee toward the end of the session conducted a pulse check, where several negotiators held a thumbs sideways or down. Some negotiators expressed that they need to have a discussion with their constituencies before they could say they support the new proposal.
The RISE committee will meet again on Thursday and Friday to continue the discussion of the definition of professional student. Stay tuned to Today’s News and read NASFAA’s daily recaps of this negotiated rulemaking.
Publication Date: 11/6/2025
Bee S | 11/7/2025 6:2:57 PM
Provision 2 which says "Is generally at the doctoral level..." is too vague. Does it have to be a the doctoral level or if the program meets the rest of the criteria in this provision ( requires at least six academic years of postsecondary education coursework for completion, including at least two years of post-baccalaureate level coursework) is it then OK, so long as provisions 1 and 3 are also met? I suggest that the words "generally at the doctoral level" be removed.
Mary W | 11/6/2025 12:46:47 PM
To become a Physician Assistant/Associate (PA) one must complete an undergraduate degree, apply to an ARC-PA accredited masters program (median length full-time 28 months), pass a national board exam (NCCPA certification), obtain PA licensure, a state drug control registration and DEA registration if they prescribe pain medications. Ongoing certification (100 hours of continuing medical education every 2 years and testing every 10 years) is required for practice as a PA in health clinics, hospitals, and by insurers. Based on the definition of "a professional degree" the PA profession qualifies. I humbly ask the committee to consider adding CIP 51.0912) Physician Assistant to the list in 2. (i) as the CIP category 51.09 includes the word "professions." I agree with David O that there are other professions missing from 2 (i) include graduate level nursing programs (NP, certified midwife and nurse anesthetist, physical therapy and occupational therapy, and counseling.
David O | 11/6/2025 11:9:16 AM
After pulling the 44 programs that fall under the 4-digit CIP codes, I now see that this is not truly inclusive of similar programs that would otherwise meet the first three conditions for eligibility but not the 4th. For example, programs like Physician Assistant, Family Nurse Practitioner, Physical Therapy, Occupational Therapy, Counseling, and Public Health would otherwise meet the conditions but would remain excluded. I am concerned that these, and likely other, programs will be excluded and therefore have reduced eligibility due to an outdated list that appears to have been originally created arbitrarily.
Susan J | 11/6/2025 11:8:33 AM
This definition is still unclear to me on if a Doctor of Physical Therapy or Doctor of Audiology would be considered professional. It seems like no based on the CIP codes, but yes based on the program requirements.
Alexandria J | 11/6/2025 11:5:08 AM
Here are the main CIP codes:
vet med - 01.80
law - 22.01
theology - 39.06
clinical psychology - 42.28
chiropractic - 51.01
dentist - 51.04
medicine - 51.12
OD - 51.17
DO - 51.19
pharm - 51.20
podiatry - 51.21
From the initial list, adding the cip code requirement (not even considering the other length and licensing requirements) only included additional programs under Pharmacy and Clinical Psychiatry. The entire list is here, and they are proposing that any program that starts with the same four digits as above will be considered professional: https://nces.ed.gov/ipeds/cipcode/browse.aspx?y=55
Paul L | 11/6/2025 9:37:06 AM
How are joint professional/masters programs going to be treated?
David O | 11/6/2025 9:7:23 AM
Sharing the 44 CIP codes that ED identified that "could qualify as professional" and therefore meet condition #4 would help schools identify potentially eligible programs quickly, and we could then confirm whether conditions 1-3 were also met. Would NASFAA be able to provide that list to schools for our reference?
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