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Can /Should I take legal action against my financial aid (FA) office?

Hoboken, NJ |

Hello,

I found a clause in the official US Federal Student Aid Handbook that states the following:
"The regulations define a graduate/professional student as a student who is enrolled in a program or course or in a professional program and has completed the equivalent of 3 academic years of full-time study either prior to entrance or as part of the program itself."

I am enrolled in a second degree BS program that is an accredited, professional program and I have completed at least 3 academic years of full study. Thus , I eligible for loans meant for professional students; however, the FA office is ignoring this clause and is trying to limit my aid to that available to undergraduates, which would force me to take out private loans.

Can/Should I seek legal action against the FA office?

NOTE (7/31; 11:53pm EST): Do not answer this question. There is a mistake in the quote. Please refer to the other version for the same question.

Attorney Answers 2

Posted

The determination by your school is what most schools would conclude on these facts because a BS is not graduate level ("above the baccalaureate level") no matter how many other bachelors or other undergraduate degrees the student may have previously earned.

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7 comments

Christine C McCall

Christine C McCall

Posted

Postscript: Somewhere in your college education -- undergrad or otherwise -- you were supposed to receive instruction in the rules for quotations: the use and meaning of quote marks, ellipses, etc. You have provided two different versions of the same quoted material in your two questions, and the material omission from the second question suggests an effort to manipulate the content of the answers you receive here. Why? What is the possible advantage in an erroneous answer from an Avvo Q and A responding attorney based on an inaccurate quote from the controlling material?

Asker

Posted

This question has a mistake in it. I mistakenly left out the "above the baccalaureate level" after "...program or course" when retyping the quote in this question. I corrected in the second posting of this question (word to word as written in the FSA Handbook) but did not realized that this posting was still here until later. I apologize for this mistake.

Asker

Posted

EDIT: This question has a mistake in it. I mistakenly left out the "above the baccalaureate level" after "...program or course" when retyping the quote in this question. I corrected the mistake in the second posting of this question (word to word as written in the FSA Handbook) but did not realized that this posting was still here until later. I apologize for this mistake. (If there is a way to delete questions, please tell me.)

Asker

Posted

This question (the one with the mistake) was posted prior to the question including the "above the baccalaureate level." The first question had the omission, not the second question.

Christine C McCall

Christine C McCall

Posted

OK. Fair enough. Sorry if I misjudged you. But the original answer is still the answer to your question. There is an argument to be made that any degrees after the first should be considered "graduate," but that is not the direction that was adopted and implemented by the regulations. So, most likely, that argument will not be considered. by the

Asker

Posted

I understand the argument that you are making; however, the program that I plan to attend is a professional program - confirmed by a government-recognized agency and a government agency as being a professional program - even though this particular professional program is at the baccalaureate level.

Christine C McCall

Christine C McCall

Posted

You need to find in the regulations the OPERATIVE AND APPLICABLE definition of "professional program."

Posted

I agree with Counsel. You are misreading, and misinterpreting your status. You are not qualified.

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