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Nightingale College Claims Georgia and Montana Discriminate Against Online Nursing Students

Federal lawsuits contend policies force nursing students to travel out of state, adding costs and preventing them from gaining nursing experience in their communities 

SALT LAKE CITY, Feb. 20, 2026 (GLOBE NEWSWIRE) -- Nightingale College has joined two of its nursing students in filing federal lawsuits against the Georgia Board of Nursing and the Montana Board of Nursing, challenging state policies that prevent students from completing required in-person clinical experiences in those states.

Nightingale and the student plaintiffs argue that the policies restrict out-of-state nursing programs from placing students in clinical settings, even when local health care facilities are willing to host them.

The lawsuits contend the restrictions treat out-of-state programs differently from in-state schools and impose additional burdens on distance-education students, who must travel out of state or unable to travel to a neighboring state to complete required clinical hours.

“At a time when communities need more nurses, barriers that prevent students from obtaining required clinical experience create unnecessary obstacles,” said Mikhail Shneyder, CEO of Nightingale Education Group. “We are taking these legal steps to stand with our students and seek relief from the courts, so learners have fair access to serve their communities and can exercise their right to attend educational institutions of their choice, without being subjected to ‘second-class’ treatment.”

The complaints allege the policies violate the Constitution’s Dormant Commerce Clause, stifling Nightingale’s ability to effectively compete for students in the local markets, and the Equal Protection Clause by limiting access to in-state clinical placements for students who enroll in out-of-state distance education programs without having any legitimate public interest reason. The Georgia complaint also raises federal antitrust claims, alleging the state’s approach creates an unlawful monopoly for in-state nursing programs. 

One student plaintiff, a mother of three pursuing nursing to serve rural communities, said Montana’s regulations prevented her from completing clinical experience locally. 

Georgia student and co-plaintiff must travel out of state for weeks at a time to complete clinical requirements, incurring airfare, lodging and meal expenses that students attending in-state institutions do not face. 

The lawsuits seek to ensure accredited nursing programs can operate across state lines without barriers that limit access to nursing education and workforce development. 

Pacific Legal Foundation, a nonprofit public-interest law firm, is representing Nightingale College and the student plaintiffs at no cost. 


Media Contact
Shannon Michael, Nightingale Education Group 
Smichael@nightingale.edu 
801.689.2160 (office) 
801.205.6714 (mobile) 

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