It's teacher hunting season!
Showing posts with label rubber rooms. Show all posts
Showing posts with label rubber rooms. Show all posts

Sunday, May 23, 2010

Excellent, sympathetic comments at Daily News about the Rubber Room situation

The "Daily News" allowed some excellent comments by sympathetic readers, on the issue of Rubber Room accusations, on the occasion of the closing of the rubber rooms.
We should remind readers of the context of the Rubber Room closures:
The closures decision occurred simultaneous with the public premiere of an independent film no the rubber rooms. UFT president was letting New York City schools chancellor off the hook when he agreed to the closure of the rubber rooms. The movie was apparently embarrassing to the city.

Here, some of the best comments on the issue of rubber rooms, and accusations against teachers, by someone named "EllenB."

EllenB
6:28:20 PM
Apr 15, 2010
Having many friends who are DOE educators, I have an inside look at what's really what in the NYC education scene that many people don't have. First of all, It is absolutely APPALLING that the DN has continuously bashed teachers within its pages, particularly those assigned to the "Rubber Room". Most of those teachers have, in truth, done NOTHING wrong. They are in effect political prisoners. China or the old USSR have nothing on the Bloomberg version of the camps. Some of the teachers assigned to "Rubber Rooms", unfortunately, have in fact been incompetent or actually committed a crime. And they should, of course, be removed from the classroom. But they are a very small minority of the hundreds of teachers in "Rubber Rooms". A very small minority indeed. The teachers may have been whistleblowers on unscrupulous administrators, and their reward was to be falsely accused of hastily drawn-up charges and sent to the "Rubber Room". Students who justly received failing grades
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EllenB
6:30:01 PM
Apr 15, 2010
Cont'd for poor quality work are actively encouraged to write statements against their teachers, which are then used to "justify" charges against that teacher. And they end up in the "Rubber Room" for no authentic reason at all. Oh, and if the charges are found to be false, the teacher's name is still blackened but there are NO consequences to the students, none at all. It's such fun to get some get-back at your competent teacher who justly gave you a failing grade for low quality work or who told you to be quiet so that a lesson could proceed and people could actually learn, or who had your cell phone confiscated. Every single day since the dawn of time, teachers have had to raise their voices in class when polite requests for quiet are ignored. By rewriting definitions, this has now become a criminal offense, corporeal punishment, under Bloomberg and it's been given the title "verbal abuse". "Corporeal" refers to "bodily" and this sort of punishment originally meant tha
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EllenB
6:31:41 PM
Apr 15, 2010
CONT'D - that teachers could not physically strike students. Many teachers reassigned to "Rubber Rooms" did nothing more than speak a little too loudly. Principals with a lot of older and hence expensive teachers have been very busy inventing all sorts of ludicrous charges to then clear their school budgets of these high-priced veterans, whose salaries are then eventually taken over by the central DOE---off the budgets of the individual school. This decentralization of salary payments was instituted by Bloomberg, and presents an obvious incentive to get rid of expensive teachers--by any means. The point is, the vast majority of the teachers sitting in the "Rubber Rooms" are falsely accused by their school administration based on questionable evidence, and would much rather be TEACHING kids than sitting around. And if you, a highly educated and intelligent person, were forced to sit basically immobile in an overcrowded room, only allowed to walk around during the lunch hour, w
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EllenB
6:34:34 PM
Apr 15, 2010
CONT'D - hour, what exactly WOULD you do to pass the hours? These people are not criminals, but they are being treated so. These people are not lazy bums, but they are being characterized as such. Bloomberg created the "gotcha" parameters, then pays off the media to defame those so accused (and usually innocent), inflaming public opinion against these unjustly maligned educators and thus gaining a favorable position with which to negotiate a less favorable contract for teachers. What is so hard to see about this? Yet judging from the vicious and ignorant comments posted by many here, Bloomberg's counting on an easily roused mob mentality ("Lynch them teachers! Hang 'em high!") worked admirably.
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oneofthemany
7:37:54 PM
Apr 15, 2010
@EllenB- This is EXACTLY the truth. I dare anyone who does not work for the DOE to see what goes on these days in a school. Principals have been given carte blanche and g-d help the teacher who speaks out against him/her. They'll quickly find themselves in the rubber room on charges of corporal punishment based upon NONSENSE. Take on the thankless job of being union rep, file a grievance for a fellow colleague and you'll find yourself written up for insubordination or professional misconduct. The DOE and the Mayor cry that the Union is the reason that things move so slow but when you have 15 arbitrators for the entire city that work 5 DAYS A MONTH, whose fault is that? The 60 day rule has been in effect for years but those cases are few and far between.

Read more: http://www.nydailynews.com/ny_local/education/2010/04/15/2010-04-15_city_to_close_rubber_rooms_reassignment_centers_for_teachers_accused_of_major_vi.html#ixzz0lEUy4v3w

Saturday, April 17, 2010

After the rubber room closings: essential procedure rights issues ignored by UFT, media

So, the city has agreed to close the teacher reassignment centers, also known as the rubber rooms.

They were a travesty upon the city, but not for the reason that "The New York Post" alleges.
They represented Soviet gulags right here in the United States.
Yet, in the talk about UFT president Michael Mulgrew and the press reports there is no talk of reform of the investigation procedures. The UFT last year passed a resolution saying that the New York City Department of Education investigations are frequently biased.

One wonders, what kinds of thoughts of regret of professional mission do partially conscientious DOE investigators have? Do they ever think to themselves: Am I serving justice by being a cog in such a biased, rigged system? Who could I speak with about this abusive system? Is this what I went to law school for?
The investigations are frequently biased. Investigators can interview a range of opinions, yet their default determination is that accusations are "substantiated." The DOE investigations, by the nature of the fact that DOE proceedings are fait accompli affairs, are really a test of the summoned teacher: how naive is the teacher? Since the teacher is not merely presumed, but determined to be guilty, the affair is of questionable benefit for the accused.
The proceedings are in sum a monkey court, a Stalin-style show trial, with the Department of Education and the various investigative offices constituting prosecutor, judge and jury.
CORE ISSUES OF LEGAL PROCEDURE INJUSTICE UNADDRESSED
These issues of procedure are of great significance. As Philip Nobile pointed out this week in a contribution at Education Notes, the accused in the murky DOE experience a pre-Magna Carta deficit of rights. Basic features of the Bill of Rights are withheld from accused teachers. The accused are not informed of the reason that they are reassigned. They are not allowed to know of their accuser. They cannot even see statements by opposing witnesses, even with the names redacted. They cannot pursue their own investigation. It is obviously a one-sided procedure. In the United States under standard rules of legal procedure each side in a legal proceeding is allowed to pursue their own investigation. In the real world each side is provided documentation of investigations. The investigation procedures are in a zone in which the accused teachers are denied their due process rights.
Our weak Mulgrew-lead UFT has done nothing in the past or in the new agreement to correct the general denial of due process in the entire procedure. And the UFT does not serve the accused well. As Nobile has pointed out, the UFT has a standing policy of denying the accused the right of getting a copy of the notes that the representative has taken in the proceedings with the investigators.
The media have uniformly done a incompetent job of reporting the rubber room procedure. In the absence of the UFT's addressing the systemic denial of due process, the abuse of teacher's due process rights will continue. The public, in the absence of a complete representation of the denial of basic legal procedures, will remain under the impression that the whole procedure is legally kosher, "Well, the Department of Education is headed by lawyers, surely they must follow correct legal procedure. This is America. Everyone always gets due process. The UFT was headed by a lawyer. Surely, they must be on top of the situation. So, all of those people in those rooms must get a fair and just judgment."
Closing agreement's curious timing
Let's hope that Justin Cegnar and Jeremy Garrett's "The Rubber Room" movie gets broader distribution. The film received a review at Education Notes.
It seems all-too-coincidental for the city to come to this agreement on the rubber rooms, just the day before the premiere of this film.

As to the deadlines of how long the city has to act before charging teachers, the question is will the city live up to the commitment? The city already has such deadlines, but the city has not kept to those commitments. The UFT knows of this and has not corrected the problem.
The closing of the rubber rooms a set-back?
In the closure of the rubber rooms, the mistreatment of the accused could get worse. Concentrating all of the accused in one place surely lead to some sharing of information of the limited rights that the accused have. The venue for information sharing among the accused is lost.
Remaining work for the UFT to do
The UFT needs to address the myriad of essential real world procedural rights-denied. The UFT needs to address the larger context of the rubber rooms. They have ballooned under the Bloom/Klein administration, as part of a pattern of principal intimidation of teachers. The UFT needs to have better education efforts, including brochures, for the accused. In sum, the UFT must have a more aggressive effort at correcting a general miscarriage of justice.

Saturday, April 3, 2010

Deb Meier acknowledges: some RR/TRC detainees are innocent / ICE proposal for RR/TRC procedure

The renowned educator, Deborah Meier, acknowledged that not everyone in the Teacher Reassignment Centers, also known as Rubber Rooms, is a pervert or violent thug.
(this post also indebted to Education Notes Online.
The Ed Notes piece itself was referring to this March 15, 2010 Anna Phillips piece from GothamSchools.)


"Note: 3rd line, 3rd paragraph: they have not been charged with anything, just accused. It's not the UFT's job to investigate and bring charges, that's the employer's job, those who made the accusation. The strategy seems often to be that they will finally resign or retire. But it's not far-fetched to say that people shouldn't be fired based on accusations, but no investigation, no charges, and no opportunity to appeal.

Having had some good friends who spent time in the rubber room--and who eventually retired with pensions, after 6-9 months of waiting to be charged--let's not get railroaded into assuming they are all child-abusers, peverts, drunks, etc. Those I knew most about were first rate people and were happy to defend themselves if they ever though they'd get a chance to do so.

Deb

And now, this proposal from the Independent Community of Educators on handling Teacher Reassignment Center cases:

I would disagree with this angle: DOE investigators are biased. ICE proposed the UFT hire paralegals to do their own investigation to give a balanced view.

One big example is that of the 22 year teacher whose Leadership Academy principal urged a parent to call the police over an incredibly minor incident that occurs in classrooms every day. After 5 policemen took the teacher out of the school in handcuffs, the lead investigator went back to the school and was so clear that this was a railroad job the teacher was released. At the 3020A hearing, the parent testified that they kept her in the station until the middle of the night trying to convince her to walk away from this. She demanded an apology from the teacher and the teacher wouldn't give one because she felt she didn't do anything wrong and she herself should get an apology. It is now over 3 years she has been in the rubber room.

I took that teacher to the UFT Exec Bd meeting a few days after the incident and she spoke there. I asked the UFT to get the cop on record and at least do something to get the story straight. "That is the teacher's responsibility," they said.

Thus the ICE proposal to address these issues in a timely matter would be extremely useful to the teacher.

Saturday, February 13, 2010

NYT blogger points out curious coincidence of teacher "Rubber Room" stories

Sharon Otterman at the New York Times City Room blog drew attention,
in "A Teacher Terror Alert Phenomenon?"

to United Federation of Teachers president Michael Mulgrew's contention
that there is a curious timing of the recent spate of teacher reassignment center / "rubber room" stories when there is negative news about the New York City Department of Education.
While Otterman dismisses the idea of a conspiratorial campaign, one must note the New York Post is the biggest peddler of salacious teacher news, and that the Post even more aggressively than Bloomberg or Klein pushes core concepts of the education de former agenda. They do not need to be prodded by Joel Klein and company at Tweed Courthouse.
Otterman's disclaimer aside, she did a great job of pointing out uncannily convenient timing of the salacious stories to deflect general indignation over the path of the NYC Department of Education.

Monday, January 25, 2010

Pakter --he's back --in the Rubber Room, unfortunately

This will provide, WE HOPE, a wee bit of an antidote to the agenda-driven Steven Brill piece in the New Yorker in the summer of 2009.

The Financial Times of London has reported on the farcical events that sent veteran New York City teacher to one of the NYC Department of Education teacher reassignment centers, also known as "rubber rooms."
Click to the above article for the trials and tribulations of veteran teacher David Pakter, as told by FT's Cian Traynor, published, January 2, 2010.
(The FT does not permit cutting and pasting of its content.)

Sunday, January 24, 2010

WCBS TV to interview rubber room plaintiff attorney, Mon 1/26

Major Breaking Education News

History will be made by CBS Channel 2 Television News
When: Monday 11 PM
Where: Channel 2, CBS, NYC

Who: Legendary News Reporter
Pablo Guzman
Interviews:

Attorney Dr. Joy Hochstadt, Esq.
Representing and with:
David Pakter
[some others]

See FIRST PERSON INTERVIEW : THE FINANCIAL TIMES OF LONDON
http://www.ft.com/cms/s/2/4f8c4a1c-ef66-11de-86c4-00144feab49a.html
What: Lead Plaintiffs in major Federal Class Action Lawsuit
seeking to permanently close
New York City's infamous "Rubber Rooms"

Why: Because the Public has the right to know that such abominations
should NOT exist in a Free Democratic Society

This Monday (January 26, 2010) 11 PM WCBS-TV Special News Report
will be followed by a full extended News Special
that will be posted on the CBS News Website on the Internet at the end of the week.

The so-called NYC Dept of Education "Rubber Rooms"
are places spread around New York City
where NYC Teachers are "disappeared",
sometimes for years, on trumped up charges.

While a small number of these Teachers should be removed,
Most teachers in the "Rubber Rooms" ended up there
Because the NYC Dept of Education decided they were allegedly "too old",
Or were earning "too high" salaries,
Or because they were Whistle-blowers who reported,
Widespread corruption and waste of Tax Payer money,
As well as the breaking of Federal Civil Rights Laws.

Watch the Monday night CBS Special News Report at 11 PM

Watch the Extended Pablo Guzman Interviews on
CBS News Internet Website later in week.
WCBS-TV News in New York City deserves much credit
for being the first TV News Program in America
To expose the Truth about New York's "Rubber Rooms"

This is Education News History
No one can afford to miss this News Special Report

Please post, circulate and tell your friends.

Thursday, January 7, 2010

Should the Giants coach be put in the rubber room?

Teachers are at fault for everything. There is no responsibility assigned to the parents, nor to the students, god forbid. And a distractive culture, with an ever-rising range of electronic distractions, at home and in the classroom, consuming students' attention.
But we all want to throw teachers upon the bonfire.

With the ignominious defeat by the Minnesota Vikings, last Sunday, January 3, 2010, of one of local football teams, the New York Giants, we see the need to make some heads roll. Lets make some tough, hard decisions, put their feet to the fire, raise the bar, and leave no New York fan behind. This defeat is too demeaning to us. Some examples must be made!!!!!!!!!

The skill set in the Giants is deficient; let's make the right choice from our toolset: rubber room, cloaure, what else?

Vote in our online poll, the results will be channeled, magically, both to Joel Klein and to the national football commissioner.

Monday, December 14, 2009

Rubber Room Teachers Sue Klein and NYC DoE

Saturday, December 05, 2009
Rubber Room Teachers Sue Klein and NYCDOE
Breaking Education News - For Immediate Release

Manhattan Attorney, Dr. Joy Hochstadt, Esq.
Files Class Action Lawsuit in Federal Court to
Close the NYC Dept of Education "Rubber Rooms"


from: "Village Voice," New York News Blog
Teachers Bring Suit Against Klein Over Rubber Rooms
By Roy Edroso, Tuesday, Dec. 1 2009
Click to above link for full "Village Voice" article link

And here, from Betsy Combier's NYC Rubber Room Reporter blog:
Wednesday, December 9, 2009
Whistleblower PE Teacher Daniel Smith Sues the NYC BOE in Federal Court For Putting Him in the "Rubber Room" For More Than Two Years


Contact: Alan J. Wax (631) 873-8044
(631) 574-4433
or Todd Shapiro (516) 312-6573
alanjwax@waxwordsinc.com

COACH IN DEPARTMENT OF ED’S RUBBER ROOM SUES TO GET OUT;
CLAIMS HE IS VICTIM OF RETALIATION FOR BEING OUTSPOKEN

NEW YORK (Nov. 12, 2009) -- Daniel Smith, the outspoken former Dewitt Clinton High School girls softball coach and Bronx high school gym teacher, is suing the New York City Department of Education to get out of one of the city’s infamous “rubber rooms.” Smith claims he’s been assigned to the rubber room for speaking out against school officials.
Click to link for full article

Sunday, May 3, 2009

UFT paper blockbuster w/ DoE inside sources: Iris Blige, unscrupulous HS dictator // TAG on rubber rooms

The United Federation of Teacher's (UFT) “New York Teacher” has confirmed what has been common knowledge among New York City teachers for a few years: Chancellor Joel Klein and Tweed Hall (the Department of Education) have given a green light to principals to be wield unscrupulous power. Specifically, there has been a pattern of principals' sending teachers to rubber rooms, not for unprofessional conduct towards children, but because the principals wants to send a message that principals should not be crossed. See Jim Callaghan, “Bronx principal alleged to have teacher 'hit list' still on job.” April 23, 2009, page 5.

The UFT got three Department of Education staff members to reveal that one principal, Iris Blige, head of Fordham High School of the Arts, used her power to send teachers to the teacher reassignment centers, or “rubber rooms,” as a method of intimidating teachers and scaring anyone that potentially challenges her absolute power.

This is a blockbuster of a story. This is the first time that a print publication, with a reporter's by-line, has reported on a principal's ability to use such power. Moreover, the story carries the concession, by third parties, that a principals has sent staff to “rubber rooms” out of spite. The New York Times has address the power relationships that undergird the ability of administrators to wield unchecked power. The Times has not drawn the parallel between Mayor Michael Bloomberg's arrogance (witness his impatience at the wheel-chair-using reporter when the reporter's recorder accidentally played back recordings), the centralized structuring of power in the Department of Education (so as to elide any public input), and the virtually unlimited power granted to principals. It is rather sad in this time of the eroding centrality of newspapers in our public lives that newspapers are not taking up such crucial issues, and that we must rely on more obscure sources: union publications, local newspapers and blogs. This is not to dismiss these outlets, but the city's newspaper of record ought to take this responsibility. (Truth be told, I've had to rely on the racist New York Post and the Daily News for the above reference links.) It is fine that the minor outlets reveal this story, but they do not carry the powerful disseminating power that the New York Times does. In failing to seriously cover the Department of Education the New York Times is lessening its importance.

The minutia of the story are essential and are included. They show how bureaucratic maneuvers are used to silence and eliminate staff that speak for their rights. They also show how principals intimidate their assistant principal subordinates to carry out the dirty work for the principals:
One former AP at the school, Ahmed Edwards, said he wrote negative comments about one teacher, Fannie Davis, “under duress” because Blige said she wanted to “get” Davis so she could be sent to the rubber room, which is what happened.
Davis, who had an unblemished 35-year record, spent one year away from her students based on Blige’s accusation, which was lodged the day after Davis grieved the fact that she was excessed in violation of the contract. Davis also said that Blige accused her of threatening her.
The DOE never formally charged Davis.
Another former AP, Osvaldo Mancebo, told the New York Teacher that Blige had a list of teachers who she wanted to rate Unsatisfactory even before any observations took place.
Another DOE official, who asked not to be named for fear of reprisals from Blige, said charges against one chapter leader were invented by Blige because she wanted to show teachers in the school what could happen to them if they “crossed” her.
“She treated chapter leaders like garbage,” the official said. “She was paranoid. I heard her say many times that she would destroy the union.”
The chapter leader, too, was released with no charges filed after spending two years in the rubber room.
Teachers say that Blige uses the rubber rooms as a way to punish them when they defy her “my way or the highway” management style. She has sent seven teachers to the rubber rooms.
Virginia Barden is another chapter leader targeted by Blige. She has received an Unsatisfactory rating after 30 years of teaching. According to the DOE official, the U-rating was pre-ordained as a way to harass Barden and to weaken the union.
“This is the price I am paying to bring justice for my colleagues. This is the least I can do for others,” Barden said.


The UFT's "New York Teacher" story gives credence to the allegations and analysis in a wise and broad-ranging critique that the Teacher Advocacy Group has written, "The Rubber Room: DoE's Dirty Little Secret":
Certainly some teachers should not be in classrooms, but many charges against teachers are exaggerated or simply not true. For example, reporting unsafe conditions is insubordination; failing to immediately admit a late student to class is corporal punishment.

Principals frequently use false charges to retaliate against whistleblowers and to remove competent teachers who question the policies of the administration.
. . . .

The UFT is reluctant to protest the abuse of the disciplinary process. The UFT receives dues from over 2,000 ATRs and rubber room teachers, approximately $2.4 million annually. Positions for these teachers have been given to new hires and changing the system will cost the UFT money.


Mayor Bloomberg, Chancellor Joel Klein are looking for a union-free environment at the Board of Education. In the corporate world executives can wield unchallenged power. They are seeking to replicate the corporate world, where employees can be terminated at will. In such a work world employees never speak up for propriety for the students or the staff.

Bloomberg and Klein wanted to end tenure. They failed in this wish. But they have instead used the harsh intimidation of teachers to accomplish the goal of shortening the terms of teachers. Is it any wonder that the most common denominator of a rubber room teacher is someone with over fifteen years in the system and a relatively high salary?

On the other hand, perhaps tenure is a curse for the staff. For the health of the corporation, some executives and managers might have in mind the idea that low morale is bad for the company. Rule by terror could drive away quality staff. In the corporate world, a manager acting as Blige does, might be called into an office and told to “go easier” on the staff. Yet, in the Department of Education, principals have been given unchecked power. The ability of principals such as Blige or the recently departed Principal John Murphy of MS 8 of Jamaica, Queens, to harass both students and staff goes unchecked.
In the corporate world staff often leave corporations if the offices are too hostile. In the Department of Education tenure and the expected pension at the end of service keep teachers committed to enduring abusive relationships. Building seniority in terms of having preferable class assignments keeps teachers committed to individual schools.

Removing Blige is far from sufficient to address this issue. What is at greater stake is (a) correcting the Department of Education protocols that allow administrators to act in such a manner, and (b) the need to end mayoral control (again, dictatorial power), so as to (c) have open hearings on how principals are trained to use such power. As the Abu Ghraib and Guanatamo Bay debates are spurring us to ask, if there is such a pervasive pattern of abuse, was there ever training to engage in such abuse of power? Public education is a public service. Public institutions, the postal service, the police and the schools are operations of the state. The state in a democracy is an instrument of the public. Righteousness and democracy demand that mayoral control be replaced by a more collective structuring of power in New York City's schools.


The Rubber Room: DOE's Dirty Little Secret (TAG NYC's flyer)
What is the ‘rubber room’?

Approximately 800 Department of Education teachers are warehoused in Temporary Reassignment Centers, known as rubber rooms. The DOE considers these individuals too dangerous to be around children, yet most will return to schools after languishing for months or years in off-campus sites.

Teachers receive full pay while waiting for the resolution of their cases. The financial costs are estimated as high as $65 million dollars; the human costs are seldom considered.

Reassignment Centers are called rubber rooms because doing nothing is maddening. Outwardly, teachers play cards, watch DVDs, knit, read books, and sleep. Inwardly, teachers lament the loss of successful careers and worry about uncertain futures. Feelings of fear, doubt and shame never subside.

Why are teachers removed?

Allegations of sexual misconduct, corporal punishment and other misconduct are so disturbing that the DOE banishes teachers to rubber rooms on just the word of a principal, teacher or student.

Certainly some teachers should not be in classrooms, but many charges against teachers are exaggerated or simply not true. For example, reporting unsafe conditions is insubordination; failing to immediately admit a late student to class is corporal punishment.

Principals frequently use false charges to retaliate against whistleblowers and to remove competent teachers who question the policies of the administration.

Reassigned teachers may also be charged with incompetence or be accused of crimes by outside agencies.

Incompetent teachers should be terminated, but many principals and assistant principals are not qualified to judge competence. Principals and assistant principals are required to have only three years of teaching experience. Possession of an administrative license does not guarantee knowledge of pedagogy.

The decision to remove a teacher is often based on personalities; a teacher who caters to the whims of the administration is rarely reassigned and never accused of incompetence.

-2-

Why do disciplinary proceedings take so long?

Education Law states that disciplinary proceedings against charged teachers must be completed within five months. The DOE and the United Federation of Teachers (UFT) modified the proceedings. These modifications do not provide teachers with increased protection; instead they infringe on the rights of teachers and lengthen the process. The DOE and the UFT agreed that teachers can be removed before charges are preferred. Teachers are supposed to be charged within 6 months of their removal, yet some teachers remain in the rubber room for years without charges.

The DOE and the UFT also denied teachers the right to choose arbitrators. A fixed number of arbitrators are assigned on a rotating basis, supposedly to accelerate the disciplinary proceedings. However, more arbitrators are needed, timeframes are ignored, and cases can last for years.

The accused teachers are not responsible for the delays and they can expedite cases only by admitting guilt and settling.

Teachers who are charged with crimes by an outside agency face similar obstacles. Prosecuting attorneys continually ask for postponements, claim they are ready to proceed, and then ask for additional postponements. The teachers are again powerless to hasten the process except by admitting guilt.


Is justice served?

Arbitrators are paid approximately $1,700 per day and must be approved by both the DOE and the UFT. Arbitrators have a huge incentive to please both sides.

The UFT is happy if teachers do not lose their jobs; the DOE is happy if the arbitrator renders any finding of guilt. Teachers are rarely terminated or exonerated. The decision of an arbitrator is very predictable: a finding against the teacher, a fine, and reassignment as an Absent Teacher Reserve (ATR).

Teachers who become ATRs are substitute teachers permanently assigned to schools. They do not have programs and have little hope of returning to the classroom in a meaningful capacity. There are approximately 1,400 ATRs in the DOE. Most ATRs are tenured teachers with excellent records who lost jobs after schools were closed


Why does the process continue?

Principals who abuse the disciplinary process are not punished and they achieve their desired results: a troublesome teacher is removed and the remaining teachers are intimidated.
The DOE hopes that public opinion inflamed by the newspapers will result in the termination of ATRs. Mostly tenured teachers will be dismissed, and teachers without tenure are cheaper and easier to control.

The UFT is reluctant to protest the abuse of the disciplinary process. The UFT receives dues from over 2,000 ATRs and rubber room teachers, approximately $2.4 million annually. Positions for these teachers have been given to new hires and changing the system will cost the UFT money.

Teachers and students are hurt by the system, but neither group has a voice.
Parents and the public are kept in the dark and trust that policymakers will make the right decisions. So far they have not.