8/14/2019 20647481 NYC Teacher Discipline
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Guilty until Proven Innocent:RfrmNYCThrDp
Clare Kelley, Nick Turner, and Raul Mendoza, Columbia
Universiy
By expediting investigations into teacher misconduct and
providingalternative employment options for teachers under
investigation, NewYork City could ensure that innocent teachers are
not unduly penalizedby the investigation process itself.
New York Ciys Deparmen oEducaion has chosen o addressSae
Educaion Law 3020a byplacing eachers under disciplinary
invesigaion in emporaryreassignmen ceners. In hesereassignmen
ceners, or rubberrooms, eachers are orced oremain inacive while
awaiingverdics o heir cases. Rubber roomsare ighly packed and
inadequaelysupervised. Teachers havedescribed condiions as
oppressive,
regimened, and unhappy.Furhermore, invesigaions areofen slowly
processed, wih somecases lasing muliple years. Alernaive employmen
opporuniies should beoered o hose being invesigaed and he period o
invesigaion should belimied by Sae Educaion Law.
History
Since he 1930s, he Supreme Cour has upheld he unconsiuionaliy
o
summarily dismissing enured public employees who have no been
ound guily owrongdoing. Creaed as a meanso saisy boh he
SupremeCours ruling and he demandso unions, reassignmen cenerswere
considered a progressivecompromise by he Deparmeno Educaion. Afer
numeroussmall amendmens, he policy
has exised in is nal orm sinceAugus 25, 1994.
Analysis
The purpose o reassignmenceners is o provide eachers
Key Facts
The oal cos o rubber rooms, includingunding or suspended eachers
salaries,exceeds $25 million annually. This gure
does no include he cos o he invesiga-ions hemselves.Beween 600
and 900 eachers occupyone o welve rubber rooms a any givenime,
while each room has a suggesed ca-paciy o only 26 people.Under New
York Ciys curren reassign-men program, some eachers have spenup o
10 years in rubber rooms beore a
verdic has been reached.
Talking Points
New York Ciys eacher reassignmen cen-ers, commonly reerred o as
rubber rooms,unairly subjec eachers under disciplinaryinvesigaion o
idleness and inaciviy.Rubber rooms are lieral rooms in whicheachers
under invesigaion si, wih nohing
o do, while earning heir normal salaries.Invesigaions o eacher
misconduc ofenlas ar oo long, cosing he Deparmen oEducaion a grea
deal o money and keepinginnocen eachers ou o he classroom some-imes
or over a year.
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under invesigaion wih air and jus alernaives o being in he
classroom.However, New York Ciys curren reassignmen program ails o
do so. Wihouwork or any oher aciviy, eachers si idly in rubber
rooms or seven hours eachworking day, conribuing nohing o childrens
educaion or he communiy a-large. Common aciviies include lisening o
iPods, playing cards, and sleeping.As o 2007, personal iems are no
allowed o be kep overnigh in rubber rooms,urher limiing he range o
aciviies permited by he Deparmen.
Eecs o spending ime in rubber rooms have ofen been described
aspsychologically and emoionally damaging. According o one source,
eachersofen repor eelings o being deprived o heir digniy and a
sense o heir selworh, making i even more dicul or hose ound innocen
o reurn o heirclassrooms wih he same ervor and condence hey once
had. Addiionally,he repuaions o eachers who reurn o heir original
workplaces have beenseverely arnished. There have been many cases
repored in which innoceneachers have been unairly shunned by heir
peers.
Lenghy invesigaions can also inhibi smooh ransiions back o
classrooms.Some cases have been known o las as long as en years,
displacing qualiedeachers or ar oo long. Charges are someimes
rivial and should no requirehe reassignmen o qualied eachers.
Alhough serious oenses and crimesmigh require he displacemen o hose
under invesigaion, cases o disciplinarymisconduc as rivial as
disagreemens over curricula, or general incompeencyshould be
handled in a ar more appropriae and imely manner.
Rubber rooms and he reassignmen programs place a subsanial
nancialburden on he Deparmen o Educaion. Toal coss have been
esimaed a $25million annually, no including he coss or invesigaive
procedures hemselves.This gure becomes all he more signican when
considering he loss o severalhundred eachers sill on ull pay and he
need or several hundred more oreplace hem. While i is legally and
ehically necessary o pay ull salaries oeachers under invesigaion,
hose salaries should pay or a producive use oeachers ime.
Next Steps
Concern or he high cos and minimal benes o New York Ciys rubber
roomsis beginning o surace, hough urher seps mus be aken by he
Deparmen oEducaion o ensure ha eachers under invesigaion are airly
reaed. Two majorchanges should be made o he curren policy. Firs, he
Deparmens Oceo Special Invesigaions should look urher ino expediing
he invesigaionprocess, as lenghs o some curren cases have been
longer han eachersenures in he rs place. Second, alernaive
employmen opporuniies orhese eachers could ake he orm o eiher
adminisraive duies wihin heDeparmen or communiy service projecs in
and around he ve boroughs.
Sources
*A ull lis o sources is available upon reques
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