Here's a problem few college or university students expect to experience when they first gain admission and enroll in their degree or certificate program. You enroll under one set of program requirements but the school soon changes the program requirements. And the change sets you back in your graduation date, financial obligations, or other significant plans.
You may have gotten halfway through your program or even further into it. You may have your graduation date planned, housing to relinquish, a relocation to accomplish, and a job all lined up. But now, the school's change in your educational program may mean that you have another course, semester, clinical assignment, or more to complete, delaying your graduation and departure. And the school may be refusing to offer you any reasonable relief.
If school changes in program requirements are unreasonably interfering with your needs, interests, and plans, retain the Lento Law Firm's premier Student Defense Team to help you gain school relief from those changes in program requirements. Let our skilled and experienced attorneys help you explore and pursue your best options. Call 888.535.3686 now to tell us about your case, or complete this contact form.
Why Schools Change Program Requirements
You may not care why your college or university has changed your program requirements. But it may help you to find out why. Your school's reason for the change may provide clues for your relief. Our attorneys may help you discover the reason and use that reason to gain you relief from the new requirements. Schools sometimes change program requirements for one or more of the following reasons:
- accrediting agencies, including professional associations, may change accreditation requirements, leaving your school no option but to change the program. See, for example, the Accreditation Council for Graduate Medical Education's proposed program accreditation changes. But accreditors may recognize your school's right to teach out the current program, providing you with relief;
- alumni, employers, and other constituents may demand program improvements or alterations. But constituent demands would not ordinarily require your school to deny you the opportunity to complete your original program;
- schools may lose qualified instructors or qualified clinical sites, and require program changes to accommodate resource absences or shortages. But school shortages shouldn't be the student's problem;
- schools may sunset or alter programs for low enrollment or other economic reasons. But once again, your school's economic interests shouldn't trump your interests in completing your original program.
Common Changes in Program Requirements
The specific changes your school makes in your program's requirements will likely influence your outcome in a dispute with your school over relief. Generally, the greater the changes your school makes, the greater the argument you may have for sticking with your original program requirements. Here are a few examples of common program changes and how they might affect a claim for relief from those changes:
- the school may change the requirements within one or more courses without changing the courses or credits necessary for graduation. Students are unlikely to gain relief when the only change is in required course content or method because the changes would not ordinarily delay graduation or otherwise affect a student's significant interests;
- the school may change which courses the program requires or permits toward graduation. Whether a student may gain relief from required or elective courses would generally depend on whether the student had already completed or enrolled in the changed courses. The student may well gain relief if losing credits for a completed course while having to take additional credits for a new required course;
- the school may add clinical hours or requirements. Whether a student may gain relief from clinical requirements would likewise generally depend on whether the student had already begun or completed clinical requirements and whether the change would further burden the student;
- the school may change the degree or certificate the program would award once the student completes the program. Changes in the credentials the student earns would most likely affect the student's interest and be grounds for a teach-out claim for the school to allow students in the current program to finish it. Accrediting bodies may require program teach out.
School Policies on Changes in Program Requirements
Your school likely has a written policy or procedure, or at least a common practice, for program change requirements. The policy, procedure, or practice likely requires an administrative review of the proposed change. Deans, provosts, vice presidents, and general counsel may need to review and approve the program change before its adoption. The University of Alabama's program change protocol is an example. That review should address whether the school will continue to recognize the old program requirements for students who entered under those requirements. Typically, a school would give the affected students the option of completing the old or new program. Beware of old program requirements if new licensing exam materials or licensing requirements are the basis for the new program. Get the education you need. Let our attorneys help you decide.
Notice of Changes in Program Requirements
Your school program should also be notifying you and other affected students of the changes. You may receive a printed, email, or other text notice. Or your school may require you to consult its new catalog at each enrollment. Whatever form your school's notice of change takes, examine that notice carefully. It may promise you rights and options that could become the basis for your relief.
Theories for Relief from Changes in Program Requirements
If your school does not offer you relief from program change requirements, then you'll need a theory for relief. School officials are unlikely to offer relief without a reason for doing so. Indeed, school policies may prohibit relief without solid grounds and administrative approval. Following are some examples of relief our attorneys may pursue on your behalf.
Administrative Relief from Program Change Requirements
As indicated above, your school may have an administrative review process, practice, or policy for program changes. We may be able to invoke that administrative avenue to call your hardship to the attention of empowered administrators. We may be able to negotiate administrative relief from program changes, based on those policies, practices, and procedures, especially if the program did not follow them when adopting the changes.
Accreditation Relief from Changes in Program Requirements
Your program's accrediting agency may also have policies and practices relating to college and university program changes that could protect students from harm. Accrediting agencies can watch schools closely for ways in which those schools may be harming their students. Program change is one of those oversight areas. See, for example, the Higher Learning Commission's policy on substantive changes to existing programs. Our attorneys may be able to help you invoke your school's accrediting body's policy and practices for program changes, to gain you relief from the changes. Accreditors may require your school to teach out the old program to your benefit.
Contract Theories for Relief from Changes in Program Requirements
When you enroll and pay tuition, you do so under a written agreement constituting a contract between you and the school. See, for example, the University of Florida's financial liability agreement. The tuition agreement may refer to and incorporate the program catalog or similar documents. If so, then you may have a stronger contract claim for the school to honor its original program requirements. Otherwise, we may still be able to argue an implied contract based on the same documentation. Your school may only have committed you to paying for courses in its written tuition agreement. But courts are likely to construe the agreement as having some reciprocal obligation on the school's part to offer the courses and honor its catalog. Breach of contract claims may be a solid ground for relief from changes in program requirements.
Constitutional Theories for Relief from Changes in Program Requirements
Public colleges and universities may not generally deprive you of your property and liberty interest in your degree, without first affording you due process of law. That constitutional protection, available under the Fourteenth Amendment, may give you a theory for relief if your school arbitrarily or capriciously deprives you of the opportunity to complete your program without notice and a hearing. Our attorneys may be able to raise a credible Section 1983 claim for damages, on the basis of which your school may offer you relief from the program changes. Litigation is generally not the preferred course because of the delay in relief and uncertainty of relief. But litigation may be possible, or the articulation of the court claim may be enough to convince administrators or oversight officials.
Statutory Theories for Relief from Changes in Program Requirements
You may also have statutory claims for relief from program requirements. The law of the state in which your school is located may have a statutory provision relating to student rights of access to higher education, like North Carolina's Promise Tuition Plan. Depending on your circumstances and the particular facts of your case, our attorneys may even find support for your relief, in federal and state disability rights laws, anti-discrimination laws, or other broadly protective provisions.
Equitable Theories for Relief from Changes in Program Requirements
You may also have convincing grounds in equitable theories of relief from your school's program changes. Equitable theories balance the fairness of a party's actions against the harm it produces. Detrimental reliance is one such equitable theory. If you substantially changed your position while reasonably relying on your original program requirements, such as giving up housing, accepting jobs, or making other significant changes, and granting you relief would not burden the school unreasonably, you may find that relief either administratively or even in the courts.
Procedures for Relief from Changes in Program Requirements
If you are to pursue relief from your school's program change requirements, you must generally identify some procedure to follow. The above discussion reveals several possible paths or avenues for relief. Our attorneys can help you invoke the applicable rules and procedures for any of the following options.
- Your school may offer administrative procedures for the appeal and redress of academic grievances, including changes in program requirements. Miami University, for example, offers a one-stop appeal process for situations outside of the normal;
- Your school's accrediting agency may offer a regulatory complaint process. For example, the Higher Learning Commission, an accrediting body for many colleges and universities, offers students a complaint process to challenge school decisions related to accreditation. Program changes can implicate accreditation;
- Your state's higher education commission may have a complaint process for students to pursue relief from program changes. See, for example, the Maryland Higher Education Commission's complaint process;
- You may also pursue some of the above claims in state or federal court. Breach of contract claims would ordinarily involve a state civil court proceeding. Constitutional claims would ordinarily involve a federal court proceeding. While litigation generally involves delay, its risk may encourage voluntary school relief.
Alternative Relief from Changes in Program Requirements
Even if none of the above avenues provide you with relief from program changes, you may have another option. Our Student Defense Team has successfully reached and negotiated with college and university general counsel, outside retained counsel, and ombuds offices for alternative special relief. Oversight officials at your school may be able and willing to consider the school's broader educational and reputational interests and may be able to offer you special relief that other administrators could not or would not provide. Let our attorneys help you explore alternative special relief even if you have been unable to obtain relief through every other known channel.
Premier Representation for Changes in Program Requirements
The Lento Law Firm's premier Student Defense Team helps hundreds of students nationwide address changes in program requirements, academic progress issues, school disciplinary charges, and other matters. Call 888.535.3686 now to tell us about your case, or complete this contact form.
