Nightingale College Faces Class Action Over California RN Licensure
Serino & Nocon LLP has filed a proposed class action lawsuit on behalf of California nursing students and graduates of Nightingale College’s Bachelor of Science in Nursing (“BSN”) program. The lawsuit alleges Nightingale fraudulently represented that its BSN program satisfied California’s educational requirements for registered nurse (“RN”) licensure, despite the fact that the program’s compliance was under review by the California Board of Registered Nursing (“BRN”).
Students Were Unable to Proceed to the California NCLEX-RN
In California, nursing graduates must satisfy the state’s educational requirements before receiving an Authorization to Test (“ATT”), which permits them to take the NCLEX-RN examination. The complaint alleges that Nightingale’s BSN program did not satisfy California’s requirements, including requirements concerning direct patient-care clinical education, and that the BRN’s review was underway before students were informed of the issue.
According to the allegations, on February 23, 2026, the BRN requested that Nightingale complete an assessment concerning whether its out-of-state nursing education was substantially equivalent to California’s requirements. On May 18, 2026, the BRN allegedly informed Nightingale that it was unable to determine the program’s compliance with California requirements.
The issue became apparent to students after members of Nightingale’s Spring 2026 graduating class were unable to obtain an ATT and sit for the NCLEX-RN in California. The complaint further alleges that graduates of the Summer 2026 cohort experienced the same problem. According to the complaint, Nightingale subsequently directed affected graduates toward obtaining authorization to test in other states, including Arizona, Utah, and Nevada. The complaint alleges that approximately 873 California Nightingale students had been affected as of the filing of the lawsuit.
The Lawsuit
The proposed class action asserts claims for:
Violation of California’s Unfair Competition Law;
False advertising;
Breach of contract;
Breach of the implied covenant of good faith and fair dealing;
Fraudulent misrepresentation;
Fraud by concealment;
Negligent misrepresentation;
Violations of the California Consumer Legal Remedies Act; and
Injunctive relief.
The proposed class consists of certain students and graduates of Nightingale’s BSN program who were enrolled beginning September 4, 2022, and who were denied authorization to test for the NCLEX-RN in California, had a California RN license placed on hold after taking the examination, or have not yet been able to take the NCLEX-RN in California.
The lawsuit alleges that students suffered financial and professional harm, including tuition and educational expenses, student-loan debt, lost income and employment opportunities, delayed entry into the nursing profession, and costs associated with pursuing alternative educational or licensure pathways.
Seeking Relief for Affected Students
The plaintiffs seek restitution and damages as well as injunctive relief requiring accurate disclosures concerning the status of Nightingale’s program and California licensure eligibility. The requested injunctive relief would also prevent Nightingale from representing that its BSN program qualifies students for California RN licensure unless that representation is accurate under applicable requirements.
The complaint was filed on September 4, 2026, in the Superior Court of California for the County of San Diego.
Important: The allegations described above are contained in the complaint and have not been adjudicated. Nightingale College has not been found liable for the alleged conduct, and the case remains pending.