Ohio schools superintendent resigns amid accusations

The Highland County Press

Ohio Superintendent of Public Instruction Stan W. Heffner has resigned.

In a letter (copy below) to Debe Terhar, president of the State Board of Education, Heffner said his resignation is effective Aug. 10.

Heffner announced his resignation Saturday, Aug. 4, amid allegations of misconduct and ethics violations in office.

The Ohio Office of Inspector General Randall Meyer reported:

"At the time of his testimony before the Ohio Senate Finance Committee, Heffner had already interviewed and secured a position at Educational Testing Service (ETS). Heffner negotiated the conditions of his employment with ETS, signed an offer, and began the process of transitioning from Ohio to San Antonio, Texas. He had met with ETS officials out of state and allowed them to pay for his travel; he took time from attending an out-of-state conference on behalf of ODE to meet with ETS officials.

"Heffner’s testimony supported legislation which would result in an increase of testing for Ohio’s school teachers. Based on the prior relationship between ODE and ETS, it was inappropriate for Heffner to give testimony in support of this bill given the strong likelihood that ETS could stand to profit."

Ohio Revised Code Section 121.41 defines at division (G):

“Wrongful act or omission” means an act or omission, committed in the course of office holding or employment, that is not in accordance with the requirements of law or such standards of proper governmental conduct as are commonly accepted in the community and thereby subverts, or tends to subvert, the process of government."

The Inspector General's report continued:

Ohio Ethics Commission Advisor Opinion 96-004: Using Public Time, Resources, or Facilities:

“A public official’s or employee’s duty is to the exercise of the public trust by performing the tasks assigned to him by the public agency with which he serves. Advisory Op. No. 89-010. A public agency provides resources to its officials and employees for the performance of these tasks and not for the official’s or employee’s personal financial gain or benefit. Advisory Op. No. 89-004. Therefore, R.C. 102.03(D) prohibits a public official or employee from using public time, facilities, personnel, or resources in operating a private business or while engaging in private outside employment . . . Advisory Op. No. 84-013.”

Meyer's report found that Heffner was on the payroll of a Texas-based testing firm when he lobbied state lawmakers in May 2011 on a bill that benefited the company.

The Inspector General's investigation found that Heffner misused his state email and cellular phone to communicate with the testing firm.

It also found he assigned the executive secretary in his office at the Ohio Department of Education to schedule travel related to the job and to handle paperwork related to the sale of his Ohio home and purchase of a replacement in Texas.

After being appointed Ohio school superintendent, Heffner did not take the job in Texas.

In addition, Heffner's resignation comes at a time when Ohio Auditor of State Dave Yost is investigation at least three public school districts for allegedly manipulating statistics that make their test scores look better.

According to his biography at the Ohio Department of Education, Heffner began teaching in South Dakota, where at age 24 he became the youngest high school principal in the state. He came to Ohio in 1984 where he held superintendent positions in Lorain and Sandusky counties. He spent 15 years as superintendent in the Madison Local School District in Lake County before joining the Ohio Department of Education in 2004 as associate superintendent for Curriculum and Instruction. He was named superintendent of Public Instruction by the State Board of Education in July 2011, after serving three months as Interim Superintendent.

Heffner holds a bachelor’s degree and a master’s degree in education from Northern State University in South Dakota and completed doctoral course work at the University of Idaho.

Retirement Resignation Letter of Superintendent Stan Heffner (dated Saturday, Aug. 4, 2012)

Debe Terhar, President
State Board of Education
c/o Ohio Department of Education
25 S. Front Street
Columbus, Ohio 43215-4183
RE: Retirement Resignation

Dear President Terhar:

This letter constitutes my retirement resignation as State Superintendent of Public Instruction effective at 5 p.m. on Friday, August 10, 2012.

Under the State Board’s plan for succession, Michael Sawyers, Deputy Superintendent, will become Acting Superintendent until the State Board meets to name a new state superintendent.

Sincerely,
Stan W. Heffner
State Superintendent