NBCC Responds to the Department of Education’s Proposed Rule on 'Professional Degrees'

Our coordinated advocacy examines federal education policy that threatens mental health workforce development.

In early 2026, the Department of Education (ED) published a proposed rule that would reshape federal student loan access for mental health professionals. The Reimagining and Improving Student Education (RISE) rule proposes to exclude Mental Health Counseling, Clinical Social Work, and Marriage and Family Therapy programs from "professional degree" status—decreasing federal student loan limits to $20,500 annually and eliminating Graduate PLUS loans entirely.

The response from the mental health and health care workforce communities has been timely and coordinated. NBCC submitted a 14-page analysis to the Department of Education. Simultaneously, NBCC joined with three coalitions—the Professional Counseling Leadership Coalition (PCLC), the Advanced Professional Workforce Alliance (APWA), and the Medicare Mental Health Workforce Coalition (MMHWC)—in submitting detailed comments offering analysis of why the proposed rule is flawed and why the ED should reconsider it.

These four submissions argue that this policy decision contradicts administrative law, violates health care workforce policy, undermines federal investments in mental health services, and will have a negative impact on the mental health professionals who serve America's most vulnerable populations.

The Problem: The Classification

The ED's proposed rule creates a list of just 11 "professional degree" fields, excluding Mental Health Counseling, Clinical Social Work, and Marriage and Family Therapy. The Department does not provide an explanation for this classification.

NBCC's submission documents that Mental Health Counseling meets every criterion for professional degree status. The Counseling profession require 60+ graduate credit hours from specialized accredited programs, 600–1,000 hours of supervised clinical training, national licensing examinations, state licensure in all 50 states, and 2,000–4,000 additional supervised hours post-graduation. Counselors handle high-stakes services—suicide assessment, trauma treatment, mental illness diagnosis—where clinical error can result in death.

Yet under the ED's classification, Counselors are limited to $20,500 annually in federal loans, while other comparable professions can access $50,000 annually. This is not consistent policymaking; it is a classification that contradicts the Department's own stated criteria.

A Possible Legal Case

The Professional Counseling Leadership Coalition's (PCLC) joint submission—signed by nine national organizations, including NBCC; the American Association for Marriage and Family Therapy (AAMFT); the American Counseling Association (ACA); the American Mental Health Counselors Association (AMHCA); the Association for Counselor Education and Supervision (ACES); the Center for Credentialing & Education (CCE); the Council for Accreditation of Counseling and Related Education Programs (CACREP); the Commission of Rehabilitation Counselor Certification (CRCC); and NAADAC, the Association for Addiction Professionals—builds a powerful argument. Under Administrative Procedure Act standards, federal agencies cannot make decisions that are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” The ED’s decision fails this test.

The coalition demonstrates that the non-federal negotiators (representing educators, students, employers, and advocates) proposed a superior alternative: including all programs within the same 2-digit CIP code grouping as the 10 listed fields, requiring 80+ credit hours. This objective, criteria-based approach would include Mental Health Counseling and eliminate “arbitrary” distinctions.

The Department rejected the negotiators' consensus proposal without adequate explanation. This is a red flag for decision-making. When an agency rejects a well-reasoned alternative without justification, courts may view this as evidence that the agency acted improperly.

The Workforce Development Imperative

The Advanced Professional Workforce Alliance (APWA) argues that the ED's proposed definition of "professional degree" is arbitrary and excludes programs that clearly meet the Department's own stated criteria. The ED's three-part test requires programs to satisfy beginning professional practice requirements, demonstrate skill beyond bachelor's level, and generally require professional licensure. Yet many excluded programs—such as Mental Health Counseling, Clinical Social Work, and Occupational Therapy—meet all three criteria.

These programs require graduate-level education for the full scope of practice, often involve mandatory clinical hours, and require state licensure in most or all states. By excluding these programs from professional degree designation, the Department creates financial barriers for students pursuing careers essential to public health, behavioral health, education, infrastructure, and public safety. The APWA argues this exclusion is contrary to the law and administratively arbitrary.

The Alliance calls on the Department to establish a formal petition process that allows excluded programs that meet substantial aspects of the three-part test to be reconsidered for inclusion in the professional degree definition.

The Medicare Impact

The Medicare Mental Health Workforce Coalition—which includes NBCC—addresses a specific but critical angle in their comments: older adults. Medicare beneficiaries are growing rapidly—from 63 million in 2020 to 77 million in 2030. Approximately 20% of older adults experience anxiety and/or depression. The coalition estimates 15.5 million Medicare beneficiaries would benefit from mental health care from Professional Counselors.

The ED rule directly impacts this population's access to care. By restricting the supply of trained Mental Health Counselors and other providers, the rule ensures that as the Medicare population grows, Counselor availability will shrink. Congress has invested billions in mental health infrastructure (e.g., 988 Lifeline, community health centers, school-based programs, VA services). The ED rule actively undermines these investments by making it financially difficult or impossible for people to enter the profession.

Coordinated Advocacy Strategy

The coordinated nature of this advocacy effort is crucial. NBCC's individual submission provides detailed analysis and extensive documentation of how Counseling meets professional degree criteria. Simultaneously, NBCC's participation in three coalitions amplifies this message across diverse stakeholder networks—workforce development, behavioral health care access, and Medicare beneficiaries.

This strategy reinforces the message and creates urgency. Each coalition brings different expertise and constituencies, but they all reach the same conclusion: the ED rule is arbitrary, legally vulnerable, and harmful to the mental health workforce.

The Call to Action

NBCC and the three coalitions have united around a clear goal: the Department of Education should revise the proposed rule to include Mental Health Counseling, Clinical Social Work, and Marriage and Family Therapy in the professional degree definition. These programs meet every criterion of professional education.

Why This Matters

NBCC and the three coalitions have made the case clear. We are asking the Department of Education to reverse the proposed rule. If they refuse, our next steps will be to ask Congress or, ultimately, the courts to intervene.

NBCC will continue to advocate for Counselors and the current and future mental health workforce.