Information and Updates

As you may already know, Nightingale has asked for a preliminary injunction to allow some or all of our recent California graduates to receive their Authorization to Test (ATT) while the lawsuit against the California Board of Registered Nursing (BRN) is ongoing.

The judge issued a tentative ruling in the BRN’s favor today. This is disappointing news and an indication of the judge’s current views on the case, but it is not a final decision. The hearing will be held tomorrow (Friday), during which we will present our arguments. The judge may make a final ruling at that time, but we may not know the outcome for weeks or even months from now.

We will share next steps and updates with you soon.

Dear Learners and Graduates,

This week’s preliminary injunction hearing is the next step in the legal process in our lawsuit against the California Board of Registered Nursing (BRN). The hearing is scheduled for Friday, Oct. 23, though we may hear about the ruling before or after this date. We remain hopeful for the best possible result.

To clarify expectations, here are possible outcomes:

1. The judge may make a tentative ruling on Thursday. If so, the decision is not final but is an early indication of how the judge views the case. Nightingale’s legal team intends to present additional arguments at Friday’s hearing.
2. The judge may make a ruling on Friday. The judge may grant, deny, or partially grant Nightingale's request. If the judge rules in Nightingale’s favor, the ruling would provide temporary relief but would not decide the final outcome of the lawsuit.
3. The judge may delay ruling on the injunction. If this happens, we cannot predict when the judge will make a decision.

We will continue to update you as more information is available and to support you on your path to licensure.

Nightingale College

The California Board of Registered Nursing (BRN) recently filed sworn declarations as their next step in the lawsuit we filed in August. We disagree with many of the BRN’s statements and/or interpretations, which is to be expected during a legal dispute.

During the legal process, which includes the preliminary injunction hearing on Oct. 23, we won’t address specifics about the BRN’s declaration but will file our rebuttal by early next week in response. It may take some time after the preliminary injunction hearing before we have new information to share.

We stand with you. As a Nightingale nurse, you have the knowledge, skills, and training needed to care for people in your community and  provide safe, reliable access to care. We are doing our part to help you achieve licensure. As we pursue this legal challenge, we are providing additional courses in response to the BRN’s requirements listed in recent letters to graduates. Currently, the courses are offered as a pilot program on a limited enrollment basis. We will increase enrollment as we evaluate outcomes and more space becomes available.

We understand that this is a challenging time for graduates and learners. Many of you are waiting to test for licensure and begin your careers as registered nurses.  We’ll continue to advocate for you, and we appreciate your dedication to your nursing education and your chosen profession.

Nightingale College

The California Board of Registered Nursing (BRN) recently sent letters to some graduates stating that they must complete additional coursework* before they can be licensed. As we understand the BRN’s request, this coursework may include up to 140 extra direct patient care hours, including:

• 30 concurrent direct care and theory hours in obstetrics
• 30 concurrent direct care and theory hours in pediatrics

Our top priority is providing a path to help California graduates get licensed. Although our current lawsuit disputes the application of in-state program approval rules to out-of-state licensure candidates, we've developed additional courses so you don't have to wait for the legal process to conclude.

Additional Courses

These additional courses are:

• BSN 491: Maternal-Newborn Nursing
• BSN 492: Pediatric Nursing

*Note: Because the BRN makes final licensure determinations for individual applicants, Nightingale cannot guarantee the outcome of any individual application. Nightingale continues to dispute the BRN’s application of these requirements. These courses are being offered to provide graduates and learners with a path to address the requirements the BRN is currently applying while Nightingale continues to pursue its legal challenge.

How to Enroll

Complete this form to indicate your interest in the additional courses.

The form will be open from Friday, Oct. 2 at 8 a.m. MT until Friday, Oct. 9 at 5 p.m. MT.

There will be no cost to you to reserve your spot or enroll in these courses. This course is available to graduates seeking California licensure. Additionally, you must be available to spend 40 hours per week on coursework.

Since these courses are new, enrollment numbers will be limited for the first cohort of graduates taking these courses. During the next few weeks, we will gather data about outcomes, resources, placements, and graduates’ success in obtaining ATTs after completion. We will use this information to identify gaps, make improvements, and expand future enrollments as needed.

Enrollment priority will be assigned by graduation cohort and time of form submission, as space allows. If space does not permit us to enroll you immediately, you will be considered in the future. You do not need to submit the form again.

We are excited to offer this opportunity, and we’re sure you have questions. Read more below: 

Nightingale College

Additional Resources: 
Additional Course FAQs
Forbearance FAQ
California Graduate Information Center
College Catalog course descriptions and addenda
rmahlberg@nightingale.edu

The lawsuit challenges the standards used to review applications. The BRN continues to make individual licensure decisions, and the case does not itself grant an RN license.

No. It addressed the request for temporary relief while the lawsuit continues. See Current Status for the latest case information.

The BRN's published guidance addresses clinical hours, concurrency, and equivalence of education completed outside California. It has identified additional requirements for some Nightingale graduates. See Understanding the Coursework Requirements for the summary and source links.

Nightingale College is institutionally accredited by NWCCU, and its BSN program is accredited by CCNE. Accreditation and California RN licensure are separate reviews.

Verify Accreditation Details →

No. The BRN reviews each applicant's education and requirements. Additional coursework does not guarantee Authorization to Test or California RN licensure.

Program Updates and Support has separate guides for prospective learners, current learners, and graduates, including coursework, financial resources, and direct contacts.

Find Your Guide →

Nightingale College has filed suit against the California Board of Registered Nursing (BRN) and Loretta Melby, its Executive Officer.

We filed Case 26CV020260 in Sacramento County Superior Court to prevent the BRN from enforcing laws that should not apply to our graduates. We also filed a request for an expedited preliminary injunction to prevent the BRN from using unlawful criteria to hold graduates’ applications for authorization to test (ATT). The hearing is scheduled for Oct. 23. Dates are subject to change.

Some graduates have received letters from the BRN stating that they must complete additional coursework before they can be licensed. Our top priority is providing a path to help California graduates get licensed. Although our current lawsuit disputes the application of in-state program approval rules to out-of-state licensure candidates, we've developed additional courses so graduates don't have to wait for the legal process. More information about additional courses will follow soon. 

We’ll be sending more information about the courses soon. You do not need to do anything until the enrollment form becomes available, and we will contact you with that information.

We understand that finances can be a major cause of stress. If you have a federal loan, contact defaultprevention@nightingale.edu. For institutional loans, we will pause collection while your ATT application is being held by the California BRN. Read our forbearance FAQ and contact bursar@nightingale.edu for eligibility information.

Nightingale filed a lawsuit against the California Board of Registered Nursing (BRN) on Aug. 24, 2026, challenging the BRN's interpretation and application of California licensure requirements to Nightingale graduates.
 
On Oct. 23, 2026, the court denied Nightingale's request for a preliminary injunction. This decision addressed the College's request for temporary relief while the lawsuit proceeds and does not constitute a final determination of the legal claims.
 
The next hearing is scheduled for Feb. 19, 2027, when the court will consider the BRN's demurrer, which challenges the legal sufficiency of the College's claims.
 
Nightingale intends to continue pursuing its legal claims and will provide updates as significant developments occur.
 
Court dates are subject to change.

Our goal is, and has always been, the licensure of our graduates. We disagree with the BRN’s interpretation and application of California’s licensure requirements to Nightingale graduates and believe its actions are inconsistent with California law. We filed the lawsuit to challenge those actions and seek a path forward for affected graduates who are currently unable to move forward with the California licensure.

We will update the California Learners & Graduates Information Center regularly with the latest information or you can contact rmahlberg@nightingale.edu with questions.