DOJ tells Texas to stop messin’ with military spouse job licenses

I read this article yesterday and had a similar reaction (what are they thinking?). I looked into the case* to see if it could shed more light on the issue. I don't think any ideology or politics were involved at all - just a bureaucrat being a bureaucrat. It came down to an interpretation of "using the license within the last two years" as the new provisions* of USARA require.

The Judge viewed that Mrs. Portee's interpretation was likely correct in interpretation and that she would probably win when the case comes to trial, thus she was granted the injunction.

Texas law* requires that persons seeking a Texas educator certification based on out-of-state licenses must either pass Texas examinations or submit verification of two academic years of full-time, wage-earning experience in a public or private school in the licensed position.

When the new provisions of SCRA were brought to their attention, it seems the state waived all other requirements but maintained that she show proof of the last two years of active use by her since 50 USC § 4025a(c)(2) states, "the servicemember or spouse of a servicemember has actively used during the two years immediately preceding the relocation".

The Texas DOE viewed 50 USC § 4025a(c)(2) as requiring "continual use in the last two years" prior to relocation (JAN 21 - JAN 23) (which happens to coincide with the state's law about transporting out-of-state licenses). Mrs. Portee's lawyers argued that it was an incorrect interpretation and that it required that the license be used sometime in the last two years, not continually.

As I mentioned up above, the Judge agree with Mrs. Portee's interpretation.
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* https://casetext.com/case/portee-v-morath
* New SCRA provision (June 2023) - https://www.law.cornell.edu/uscode/text/50/4025a
* TX Law - Educator Certification - Section 21.003 https://statutes.capitol.texas.gov/Docs/ED/htm/ED.21.htm

MAJ James Woods it is only recently that nursing licenses became valid in more than just the state they were issued in. One would think that the need for nurses is universal but for decades, a new licensure was needed if you moved to another state. When a military member moved with a nurse, the nurse, despite all the education and experience, had to start back at ground zero.