n Special Edition – November 15, 2012
E-News Special Report
Dear Columbus City Schools supporters and friends:
There have been a number of media stories over the past couple of days regarding developments in the student data investigations. Those stories report an announcement by the Auditor of State that he is likely to make criminal referrals to the Franklin County Prosecutor as a result of his investigation, the existence of involvement by federal authorities in the investigation, and a suggestion by the Auditor's office that some CCS staff members may have been intimidated as a result of inquiries by CCS legal representatives and that the District has somehow interfered in the Auditor's investigation.
I would like to comment briefly on these developments.
The Auditor's office has said from the outset of its investigation that if they found criminal intent that criminal referrals were possible. While announcing that such referrals now appear likely, the Auditor's office has given the District no information regarding the targets of those referrals or the specifics of any alleged misconduct – only that any referrals would most likely involve the manipulation of student data.
With regard to the involvement of federal authorities, on November 12, 2012 the District received confirmation that federal authorities will also be conducting an investigation into the allegations of data manipulation. Through our legal counsel, we have assured the federal authorities that we will fully cooperate in their investigation, just as we have been doing with the Auditor of State's investigation. We absolutely want to get to the bottom of this issue.
I also want to be very clear that the District has gone to great lengths to cooperate with the Auditor's office and that neither I nor our outside counsel at Porter Wright is aware of any instance in which a District employee has been intimidated by anyone acting on behalf of the District. That is absolutely not our intention. The District has consistently encouraged cooperation with all of the pending investigations. To illustrate our desire to be as cooperative and transparent as possible, the District has waived the attorney-client privilege with respect to pre-August, 2012 communications. The District has provided huge volumes of data and documents to the Auditor's office. The Board of Education adopted a resolution asking that all District employees cooperate with the Auditor's investigation. In each and every instance where we have become aware that a District employee has been asked to submit to an interview with the Auditor's staff we have advised that employee that they should meet with the Auditor as requested and that they should answer all of the Auditor's questions openly and honestly. Not one staff member has been discouraged in any way from fully cooperating with the Auditor's inquiry. Absolutely no one has been told anything that should make them feel that their job could be jeopardized by providing information to the Auditor. To the contrary, I am more likely to seek employment action if I find that employees are withholding or providing false information to investigators. So there is no doubt, I have again reaffirmed to our staff that they are to fully cooperate anyone contacting them from the Auditor's office, federal authorities or the District's outside legal.
I know there are some who have questioned why we have sought assistance from outside legal counsel with respect to the attendance investigation. Outside counsel is assisting the District in a variety of ways, ranging from looking at certain legal issues to assisting in responses to public records requests and requests for documents and data from the Auditor's office. One of the things our outside counsel has done is to interview a number of staff members with knowledge of policies and practices relevant to the student data issues so that we have a full understanding of the scope of the issue – and to help us determine what we may need to do to improve our systems following the outcome of the investigations. I am confident that the Porter Wright lawyers and staff have been completely professional in their interactions with District employees and I have heard absolutely nothing from our staff to suggest otherwise.
Whenever an organization, public or private, is confronted with issues of this magnitude, it is an appropriate and responsible course to retain outside counsel to assist in responding to the issues, including an independent review of the facts. That is what the District has done in this instance.
There is no doubt that that the news of the last two days, and, indeed, the relentless drumbeat of media coverage of student attendance issues over the last five months, has caused stress and worry to many. In spite of the difficult times, we will maintain our focus on doing the work that is necessary to prepare our students for their next level of learning so they can graduate prepared for higher education and/or for the workforce. The investigations and stories will eventually conclude and we will make the necessary and appropriate changes to address the issues, however, we cannot and will not allow ourselves to lose sight of what is expected of us – to provide a safe and secure environment and a high-quality education for each student in Columbus City Schools.
Thank you for your continued support and encouragement.
Respectfully,
Gene T. Harris, Ph.D.
Superintendent/CEO
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