Betsy Combier talks about this issue on FOX NEWS April 10, 2011

Teachers removed from class do U-turns after paying DOE fines
by susan Edelman, NYPOST
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Bad teachers are buying back their jobs.

Many teachers accused of incompetence or misconduct sidestep termination hearings and take city Department of Education deals in which they admit some wrongdoing, pay an average $7,500 fine and return to the classroom. Some also agree to take college classes, study how to handle stress or even undergo testing for substance abuse.

In some cases, the DOE gets rid of accused teachers in deals that change their ratings from "U" (unsatisfactory) to "S" (satisfactory) if they agree to quit -- thus helping them get jobs elsewhere, lawyers told The Post.

The DOE recently returned 474 educators to schools in a push to clear out "rubber rooms," the dumping grounds where hundreds yanked for alleged wrongdoing sat idle while collecting full pay.

Of those back in class, 159 paid fines of up to $15,000 each -- including 80 ordered to get training and three subjected to drug or alcohol testing, the DOE said.

"It's like a parking ticket," a spokeswoman explained. "You do something wrong, and to encourage people not to do things wrong anymore, we charge them a fine."

Of 744 educators formerly in exile, only 33 have been fired after administrative hearings.

"Teachers who are guilty of wrongdoing or incompetent in the classroom can buy their way back," said Betsy Combier, a paralegal who helps teachers fight DOE charges. "Good teachers are being pushed out unfairly. The whole process is a joke."

A single hearing on incompetence can stretch over months and cost tens of thousands of dollars.

In one case, the DOE and a teacher at PS 160 Walt Disney in The Bronx sidestepped a trial by cosigning a "stipulation of settlement."

The teacher admitted she "rendered incompetent and inefficient service" for three years. She agreed to pay $1,000 and take six college courses in "classroom management."

Under the deal, she could be reassigned to the Absent Teacher Reserve, a pool of 1,200 teachers without permanent jobs who keep their salaries and work as substitutes.

The DOE said 94 of the rubber-roomies signed stipulations to leave the system, but a spokeswoman could not say whether their "U" ratings were upgraded.

Richard Krinsky, a lawyer who defends teachers, said some get singled out because of a "personality clash" or dispute with principals. One client agreed to pay the DOE a few thousand bucks and take a class in stress management after admitting "inappropriate comments" to students, such as calling one student's presentation "boring" and telling a another kid faking flatulence "to keep your gas to yourself."

It's much easier to later fire teachers who sign stipulations, which state that if they are ever brought up on charges again, their prior admissions can be used as evidence. "They have a huge target on their backs," Krinsky said.

susan.edelman@nypost.com

zbd

04/10/2011 7:36 PM

Rubber room teachers are a joke. Our education system is royally screwed up. Paying teachers to sit in a rubber room while their cases are under review for years? The teachers union is like a mafia and should be banned.

jackroll22

04/10/2011 5:34 PM

I did not realize telling a student his presentation is boring becomes a fine in order for the teacher to keep his job. We all had honest teachers who told us what our work was really worth. This is kind of a funny little scam the DOE has. Fine cars! Fine employees! Any way to make a buck for the city. If the teacher is incompetent then fire them. If you do not fire them but fine them then it is a sexy scam. I just wanted to throw the word "sexy" in the last sentence.

Report

Looking for better

04/10/2011 3:41 PM

One of the things that needs to be looked at as people shake their heads at this story, is the role that some incompetent principals played in placing some teachers there on bogus charges. Many teachers are sent to the rubber room based on the subjective opinions of their principals. A teachers job lays in the wimsical hands of a person who makes decisions based on whether they like you or not, not necessarily based on your work performance. It is a rampant practice in the DOE to place incompetent principals in socioeconomically deprived areas of the city where they know that the parents don't know any better, and won't complain. Some teachers are paying to keep their jobs because some principal has unjustly placed them there. No trust me, I am not saying that some of the teachers up on incompetent charges don't need to be there, but I believe that there need to be further investigation into the whole picture before jumping to judgement.

Editorial: The New York City Department of Education is a Sham and Mike Bloomberg is the Flim-Flam Man

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