Pentagon Asks Public: What State Laws Screw Over Military Families?
Published Date: 10/14/2026
Notice
Summary
The Department of Defense wants to hear from the public about state policies that affect military members and their families. They’re focusing on making life easier by improving things like job support for spouses, education options, and legal protections. This info will help shape 2028 priorities to boost military family stability and readiness, with changes expected to roll out in the coming years.
Analyzed Economic Effects
14 provisions identified: 13 benefits, 1 costs, 0 mixed.
State Support for Special Education Needs
The Department designated "State Support of Military Families With Special Educational Needs" (approved 2024) and asks States to ensure timely establishment of special education services upon relocation and to reduce procedural burdens for mobile military children.
Medicaid Waiver Portability
The Department is addressing "Medicaid Waiver Portability" as a State Policy Priority to reduce barriers for mobile military families relying on State-administered Medicaid waiver services when they relocate between States.
Military Spouse Hiring Preferences
The Department highlights "Military Spouse Employment Preference" (approved in 2024) and asks States to permit hiring and procurement preferences for military spouses. The notice notes military spouses have a 20 percent unemployment rate and urges States to adopt preferences to help improve military family economic security.
Occupational License Portability
The Department is promoting Occupational Licensure Interstate Compacts and Enhanced Spouse License Portability (cited repeatedly as State Policy Priorities) so military spouses and relocating service members can keep professional licenses across States. These efforts include the Counseling Compact and other compacts being adopted by States.
Courtesy State Licenses to Maintain Work
The Department approved "License Utilization Reporting and Issuance Uniformity" (approved 2027), encouraging States to issue courtesy licenses to qualified military families so they can maintain an active state-issued license eligible for recognition and renewal while moving between States.
Support for Military Homeschoolers
The Department designated "Solutions for Military Homeschoolers" (approved 2026) and encourages State policies that streamline homeschool requirements, expand access to extracurricular activities and sports, JROTC, school facilities, and special education services for military homeschooling families.
Military Exigency in State Family Leave Laws
The Department designated "Military Exigency Clause in Family Leave Laws" (approved 2025) encouraging States to include leave provisions for military-specific needs such as activations, training, and transitions to reduce family stress during mission periods.
Child Care Licensing Exemptions & Access
The Department designated "State Exemption for DoW Family Child Care Homes" (approved 2023) and previously designated "Access to Quality Child Care" (2023), encouraging States to exempt DoD-certified family child care homes from duplicative State licensing and to expand childcare options for military families.
Basic Allowance for Housing (BAH) & State Benefits
The Department acknowledged feedback about how States count Basic Allowance for Housing (BAH) as income in state-administered assistance programs and said it will analyze examples of State legislative practices for consideration in future State Policy Priorities.
State Housing & LIHTC Recommendations
The Department noted recommendations to leverage State Low-Income Housing Tax Credit (LIHTC) allocations and to establish veteran transition coordinators to help transitioning service members access housing and employment; DoD will carefully evaluate these intersections as it develops State Policy Priorities.
Guard/Reserve Pay & Benefits Continuation
The Department acknowledged feedback about the financial stability of National Guard and Reserve members during activation, including recommendations for statutory pay differential and benefits continuation, and said it will consider these items as potential State Policy Priorities.
Education Policy Implementation & Info
The Department designated "Education Policy Implementation and Information Enhancements" (approved 2025) asking States to clarify requirements, enhance communication, and streamline access to information on state and local education websites to help military-connected children and families.
Driver's Education Reciprocity for Teens
The Department received and will consider feedback about driver's education reciprocity and licensing challenges for military-connected teens so that State policy solutions might ease licensing and driving-education transitions during relocations.
State Compensating Use Taxes on Exchange Purchases
The Department acknowledged comments about State compensating use taxes on exchange service purchases and said it will consider concerns that such taxes may affect the intended value of exchange benefits for service members and authorized patrons.
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