While Ohio’s education community (and therefore we at the Legal Ledger) have been focused on dissecting the many school-related provisions of the budget bill, there have been some other significant updates in the past few weeks our readers should be aware of. Both federal and state actors have taken action that will affect schools and school leaders and may require some changes to ongoing practices.
Federal funds released
In late July, the U.S. Department of Education (DOE) announced that it was releasing funds that it had initially withheld from recipients. These funds were connected to several federal streams through which districts receive funding including the Elementary and Secondary Education Act Titles I-C, II-A, III-A, and IV-A and the Adult Education Family Literacy Act. DOE officials have indicated that “guardrails” will be put in place to ensure that recipients expend funds in accordance with the administration’s interpretations of federal requirements. As of now, the officials have not elaborated on what those guardrails may be.
Return of the Presidential Fitness Test
On July 31, President Trump issued an executive order creating the President’s Council on Sports, Fitness, and Nutrition. One of the key functions of the council will be to recommend strategies for reestablishing the Presidential Fitness Test as “the main assessment tool” for the Presidential Fitness Award. The council will also be tasked to recommend “strategies for the development and promotion of Presidential challenges and school-based programs that reward excellence in physical education.” The Presidential Fitness Test was previously discontinued in 2013.
Frequent flyer miles and ethics
Last week, the Ohio Ethics Commission issued Advisory Opinion 2025-2, in which it concluded that Ohio public officials are permitted to benefit, for their personal use, from frequent flyer miles, credit card rewards, hotel points, or other rewards earned during official business. They may do so provided that such rewards are earned in the same way as any other member of the public would earn them and that they do not incur any additional cost to the public agency. Officials are forbidden from choosing a vendor just to accrue such credits or awards for themselves. This opinion marks a shift from the previous interpretation by the ethics commission.
As always, members are welcome to contact OSBA’s division of legal services with questions about these changes by calling the legal hotline at 855-OSBA-LAW.