Read this great post at the ICE blog.
Just more public relations- allows Tweed to deflect criticism that so many people are getting paid while giving the UFT it's PR with the people and press it is courting - " see, we are a progressive union looking to expedite getting rid of teachers" while trying to sell the membership the idea it is it doing it for the teachers.
Showing posts with label rubber room. Show all posts
Showing posts with label rubber room. Show all posts
Friday, July 4, 2008
Thursday, July 3, 2008
Stories of the Day
Updated 7/4/08
Rubber rooms: UFT makes deal with DOE
Check out the ICE analysis of the deal which comes up smelling of public relations
One would ask why there had to be a deal to hire more arbitrators to speed cases as an alternative to letting people rot in rubber rooms when it seems it would be in the interest of the DOE to get these things done as quickly as possible. So why haven't they? Is it due to the numerous cases of people being railroaded by principals with vendettas? Has the DOE been using the rubber rooms as holding pens to support principals who wanted to keep political opponents or people who were "negative" when they tried to push programs that looked ridiculous to educators? Knowing full-well that many of these cases would not hold up, they chose to pay people. Maybe the political pressure grew too great.
By the way, when I made a suggestion to do this at an Executive Board meeting back in 2005, Randi Weingarten attacked me. And when Jeff Kaufman called on the UFT in June 2006 to hire people to do independent investigations, he was similarly attacked.
It was ICE people that consistently drove the UFT to take action on the rubber rooms, which they did not want to know about until we raised it and began bringing people to Executive Board meetings to speak out. What we ended up with was a useless UFT SWAT rubber room team where the infighting is worthy of Kabuki theater.
Michelle Rhee Targets Seniority, Tenure
Rhee wants to bribe people with high salaries to give up seniority and tenure and be willing to undergo a yearly review, based on the ability to raise test scores. People in it for the short term might take the deal, as might people near retirement (bet these people get reviewed out of the system in a heart beat.) Anyone looking for a teaching career in Washington DC better not be tempted.
And here's a good one because of some old friends:
Miami/Dade County Teachers locked in battle with district
They want to cancel promised raises due to budget cuts. So NYC teachers who expect automatic raises should be aware that this can happen. It did to us back in the 70's and 80's (I think.)
Former NYC Chancellor Rudy Crew (forced out by Giuliani) is the Miami superintendent and former long-time NYCDOE personal director Howie Tames is a labor consultant.
Labor consultant Howard Tames said the district hoped to reach a compromise with the teachers. ''It's the district's position that all employees are important and we want to give money to them,'' Tames said. "But by law, the budget gap has to be filled before we can give out the raises.''
Crew said he will not take his raise either. Crew and Tames still look like gold compared to the crew we got at Tweed.
Howie was a former chapter chairman Unity Caucus member in District 14 who rose quickly though the ranks at the DOE in the mid -70's to head the DOE personnel department, becoming a mainstay and dominant figure through multiple chancellors. Howie knew everyone and knew which buttons to push and he did a lot of favors for a lot of people. He didn't fit the corporate model and was purged under BloomKlein (though he will deny it.)
Howie is also one of my fraternity brothers. We went through some rough times in the 70's when the opposition group "Another View in District 14" (members were amongst the founders of ICE a generation later) battled the local political gang and city-wide Unity Caucus machine. Some of my colleagues still have resentments but Howie and I buried the hatchet a long time ago. Bet he has some fun Tweedle stories. Can't wait for him to write his memoirs.
Rubber rooms: UFT makes deal with DOE
Check out the ICE analysis of the deal which comes up smelling of public relations
One would ask why there had to be a deal to hire more arbitrators to speed cases as an alternative to letting people rot in rubber rooms when it seems it would be in the interest of the DOE to get these things done as quickly as possible. So why haven't they? Is it due to the numerous cases of people being railroaded by principals with vendettas? Has the DOE been using the rubber rooms as holding pens to support principals who wanted to keep political opponents or people who were "negative" when they tried to push programs that looked ridiculous to educators? Knowing full-well that many of these cases would not hold up, they chose to pay people. Maybe the political pressure grew too great.
By the way, when I made a suggestion to do this at an Executive Board meeting back in 2005, Randi Weingarten attacked me. And when Jeff Kaufman called on the UFT in June 2006 to hire people to do independent investigations, he was similarly attacked.
It was ICE people that consistently drove the UFT to take action on the rubber rooms, which they did not want to know about until we raised it and began bringing people to Executive Board meetings to speak out. What we ended up with was a useless UFT SWAT rubber room team where the infighting is worthy of Kabuki theater.
Michelle Rhee Targets Seniority, Tenure
Rhee wants to bribe people with high salaries to give up seniority and tenure and be willing to undergo a yearly review, based on the ability to raise test scores. People in it for the short term might take the deal, as might people near retirement (bet these people get reviewed out of the system in a heart beat.) Anyone looking for a teaching career in Washington DC better not be tempted.
And here's a good one because of some old friends:
Miami/Dade County Teachers locked in battle with district
They want to cancel promised raises due to budget cuts. So NYC teachers who expect automatic raises should be aware that this can happen. It did to us back in the 70's and 80's (I think.)
Former NYC Chancellor Rudy Crew (forced out by Giuliani) is the Miami superintendent and former long-time NYCDOE personal director Howie Tames is a labor consultant.
Labor consultant Howard Tames said the district hoped to reach a compromise with the teachers. ''It's the district's position that all employees are important and we want to give money to them,'' Tames said. "But by law, the budget gap has to be filled before we can give out the raises.''
Crew said he will not take his raise either. Crew and Tames still look like gold compared to the crew we got at Tweed.
Howie was a former chapter chairman Unity Caucus member in District 14 who rose quickly though the ranks at the DOE in the mid -70's to head the DOE personnel department, becoming a mainstay and dominant figure through multiple chancellors. Howie knew everyone and knew which buttons to push and he did a lot of favors for a lot of people. He didn't fit the corporate model and was purged under BloomKlein (though he will deny it.)
Howie is also one of my fraternity brothers. We went through some rough times in the 70's when the opposition group "Another View in District 14" (members were amongst the founders of ICE a generation later) battled the local political gang and city-wide Unity Caucus machine. Some of my colleagues still have resentments but Howie and I buried the hatchet a long time ago. Bet he has some fun Tweedle stories. Can't wait for him to write his memoirs.
Saturday, May 17, 2008
Rubber Room News: David Pakter's 3020a Hearing (Number 2)
Make sure to read David Pakter's essay over at Norm's Notes on his upcoming 3020a hearing - this is the hearing that can lead to a tenured teacher's firing. The kind of hearing being attacked by anti-tenure people who want to be able to fire people for things like not brushing their teeth.
3020-a trials always begin with a pre trial conference between the opposing lawyers
and the Hearing Officer where technical matters are argued over such as the Demands for Discovery. Both sides state reasons for what they will and will not surrender into evidence etc. Lots of technical arguing over the specifics of the charges.
One of the charges is he brought in a large plant to decorate outside the auditorium without permission. Was it a Venus flytrap that ate kids? Or named Audrey?
David said in an email:
...the hearing officer was fairly amazed the DOE would pull something so insane as to make it a charge that the NEW YORK TEACHER ran a story on my case which the DOE claims embarrassed them if you can believe such insanity.
The story is at http://www.uft.org/news/teacher/top/axed/
3020-a trials always begin with a pre trial conference between the opposing lawyers
and the Hearing Officer where technical matters are argued over such as the Demands for Discovery. Both sides state reasons for what they will and will not surrender into evidence etc. Lots of technical arguing over the specifics of the charges.One of the charges is he brought in a large plant to decorate outside the auditorium without permission. Was it a Venus flytrap that ate kids? Or named Audrey?
David said in an email:
...the hearing officer was fairly amazed the DOE would pull something so insane as to make it a charge that the NEW YORK TEACHER ran a story on my case which the DOE claims embarrassed them if you can believe such insanity.
The story is at http://www.uft.org/news/teacher/top/axed/
In any case because the Hearing officer realized this case contains major Constitutional issues involving the Bill of Rights, especially the First Amendment, he said this case could last a very long time involving countless witnesses and therefore he does not want to even start the actual calling of sworn witnesses without holding several more private Pre-Hearing Conferences.
I believe it is the first 3020-a in the history of New York in which the DOE had the chutzpah and the unbounded Hubris to think they could defecate on a teacher's Constitutional Rights so openly and brazenly. It really is an amazing situation.The other charges are equally ludicrous of course.
David has asked for an open 3020a, which all people have a right to do, and we'll be posting the dates in case anyone wants to see the show. I hope to make a few of them myself and will report back.
More rubber room news:
Sorry, I can't say without getting some people in trouble. But I hear at least one bizarre story a week. Like the one about a teacher recognized as being excellent who is in the rubber room for having an altercation with a child - her own. Can a parent complain about the actions of a teacher when she herself is the teacher?
or - a child charges an extremely competent teacher (the entire staff has been horrified that this could happen to this long-time senior teacher with a great rep) with saying "you're an idiot" when the teacher really said "you didn't get it." So far, 4 months in the rubber room, the entire class that the teacher taught in total chaos as subs come and go. Why did the principal do it when it would have been so easy to believe the teacher's version? Senior teacher with a higher salary? Or just Another
Leadership Academy Loon? (A-LAL?)
Oh, and has anyone seen that UFT Rubber Room SWAT (right) team around lately? If you spot them let us know.
Tuesday, May 6, 2008
Absentee Teacher Reserves
Don't miss James Eterno's marvelous historical analysis on ATR/contract reopening over at the ICE blog. James points out almost 20 years of UFT obfuscation and dis-information. (I think it should be mis-information but they have gone beyond mis to dis.)
Tim Daly the head of the New Teacher Project which issued the report that condemned the union and ATRs' instead of the DOE (he DOES have contracts with the DOE, so why expect anything else), is the guest blogger at Eduwonkette today. Head on over and leave him a comment.
Jumping in today is NYC Educator (is there anyone naive enough to believe that if Mr. Daly's group came to different conclusions they'd still be riding the DoE gravy train?) jumping in.
Daley criticizes the UFT and on the surface, they actually come out looking good - the defender of ATR teachers. Start scratching to see what is going on behind the scenes and a slightly different story might emerge. We have the itch and some data is coming in. Is this all about the UFT covering its tracks over the role it played in creating the ATR situation in the first place? Their "it's a damn outrage" stuff - "we set up a system that would work if only Tweed were honorable" point should be up on Letterman's comedy of the day segments.
A comment (edited) left on another posting on this blog.
I feel like the tone Randi Weingarten takes is the one I imagine of individuals trying to rationalize with the Nazis. "You are very right that the street is, ultimately, in your jurisdiction, so if you don't believe that the broken glass on the ground is important, I can't argue with you. I would suggest, however, that you consider that the needs of my children are similar to those in neighborhoods where there is no glass on the ground today." What is sad is that I can see myself being equally "appropriate". Gandhi was able to embarass the British with his actions. They knew arresting a man for making salt is ridiculous and their metaphorical cheeks got read. But nothing makes American's blush anymore -- I don't mean sexually -- I mean in terms of standards with which we treat each other. That's why its hard to see how absolutely absurd it is to keep being so seemingly rational. While she is making her nice speech, the tracks are being built. It's a common mistake made centuries over by lesser and better people, so perhaps she is to be set in context and excused for it. Nobody thought they would really send people to their deaths on a daily basis. In plain sight. Would the city fire thousands of people on frivolous charges in broad daylight?
At least, at Credit Suisse, you get a package. At Verizon, there's a whole process you have to go through before you can fire someone. Why would a public sector agency be able to do things the private sector cannot do with such impunity? Can you imagine Bear Sterns hauling off it's over 40 accountants on charges they were dangerous to the clients without actually being able to prove so? Would they dare? Again, at least they would get a package.
On a similar track, rubber room teachers have also come under attack.
Check Saddleshoes' commentary at: http://saddleshoe.blogspot.com/2008/05/daily-news-and-rubber-room.html
Link to May 4 article
Tim Daly the head of the New Teacher Project which issued the report that condemned the union and ATRs' instead of the DOE (he DOES have contracts with the DOE, so why expect anything else), is the guest blogger at Eduwonkette today. Head on over and leave him a comment.
Jumping in today is NYC Educator (is there anyone naive enough to believe that if Mr. Daly's group came to different conclusions they'd still be riding the DoE gravy train?) jumping in.
Daley criticizes the UFT and on the surface, they actually come out looking good - the defender of ATR teachers. Start scratching to see what is going on behind the scenes and a slightly different story might emerge. We have the itch and some data is coming in. Is this all about the UFT covering its tracks over the role it played in creating the ATR situation in the first place? Their "it's a damn outrage" stuff - "we set up a system that would work if only Tweed were honorable" point should be up on Letterman's comedy of the day segments.
A comment (edited) left on another posting on this blog.
I feel like the tone Randi Weingarten takes is the one I imagine of individuals trying to rationalize with the Nazis. "You are very right that the street is, ultimately, in your jurisdiction, so if you don't believe that the broken glass on the ground is important, I can't argue with you. I would suggest, however, that you consider that the needs of my children are similar to those in neighborhoods where there is no glass on the ground today." What is sad is that I can see myself being equally "appropriate". Gandhi was able to embarass the British with his actions. They knew arresting a man for making salt is ridiculous and their metaphorical cheeks got read. But nothing makes American's blush anymore -- I don't mean sexually -- I mean in terms of standards with which we treat each other. That's why its hard to see how absolutely absurd it is to keep being so seemingly rational. While she is making her nice speech, the tracks are being built. It's a common mistake made centuries over by lesser and better people, so perhaps she is to be set in context and excused for it. Nobody thought they would really send people to their deaths on a daily basis. In plain sight. Would the city fire thousands of people on frivolous charges in broad daylight?
At least, at Credit Suisse, you get a package. At Verizon, there's a whole process you have to go through before you can fire someone. Why would a public sector agency be able to do things the private sector cannot do with such impunity? Can you imagine Bear Sterns hauling off it's over 40 accountants on charges they were dangerous to the clients without actually being able to prove so? Would they dare? Again, at least they would get a package.
On a similar track, rubber room teachers have also come under attack.
Check Saddleshoes' commentary at: http://saddleshoe.blogspot.com/2008/05/daily-news-and-rubber-room.html
Link to May 4 article
Link to May 5
Wednesday, April 23, 2008
Students at Manhattan Center Protest Teacher in Rubber Room
We've heard lots of RR stories but this may be the first student protest. Teachers are protesting too - I saw a teacher from the school with a black armband last week. That so many students are denied their teacher is one of the under reported aspects of putting teachers in the RR. I have lots of stories where the teacher is charged with such bull that could easily have been resolved without shipping them out. Check out NYC Educator's take today. Check the video of Michael Meenan's NY 1 report.
Saturday, April 12, 2008
No Teacher Left Behind
Designed by some people in the rubber room in their spare time, here is the revised "No Teacher Left Behind" t-shirt. Full range of designs at: http://www.cafepress.com/braines
Sunday, March 16, 2008
Rubber Room on the Radio
David Bellel has put up the audio with a slide show of the this american life radio program – produced by Joe Richman, Anayansi Diaz-Cortes, and Samara Freemark at radiodiaries.
David combined images with the audio. Broadcast 3/1/08.
Part 1:
http://dbellel.blogspot.com/2008/03/rubber-room-from-radio-diaries-part-1.html
Part 2:
David combined images with the audio. Broadcast 3/1/08.
Part 1:
http://dbellel.blogspot.com/2008/03/rubber-room-from-radio-diaries-part-1.html
Part 2:
http://dbellel.blogspot.com/2008/03/rubber-room-from-radio-diaries-part-2.html
The trailer to the RR movie is here and here.
The trailer to the RR movie is here and here.
Monday, March 3, 2008
Rubber Room on the Radio
Posted to nyceducationnews listserve:
The public radio show, This American Life (350: Human Resources), recently included a piece about NYC DOE's Rubber Rooms. Download a podcast or listen to it online at
http://www.thislife.org/Radio_Episode.aspx?sched=1232
The true story of little-known rooms in the New York City Board of Education building. Teachers are told to report there instead of their classrooms. No reason is usually given. When they arrive, they find they've been put on some kind of probationary status, and they must report every day until the matter is cleared up. They call it the Rubber Room. Average length of stay? Months, sometimes years. Plus other stories of the uneasy interaction between humans and their institutions. The Rubber Room story was produced by Joe Richman and the good people at Radio Diaries.
Also Posted here
The public radio show, This American Life (350: Human Resources), recently included a piece about NYC DOE's Rubber Rooms. Download a podcast or listen to it online at
http://www.thislife
The true story of little-known rooms in the New York City Board of Education building. Teachers are told to report there instead of their classrooms. No reason is usually given. When they arrive, they find they've been put on some kind of probationary status, and they must report every day until the matter is cleared up. They call it the Rubber Room. Average length of stay? Months, sometimes years. Plus other stories of the uneasy interaction between humans and their institutions. The Rubber Room story was produced by Joe Richman and the good people at Radio Diaries.
Also Posted here
And thanks to David B for slideshow and posting here (part 1 9:30 minutes):
Thursday, February 28, 2008
Rubber Room Movie Team on Chicago Public Radio
UPDATE: Listen to 880 AM in NYC on Saturday March 1 at 11am for the program.
Greetings all,
We are pleased to announce that Chicago Public Radio's This American Life, a nationally syndicated weekly radio program with an estimated 1.7 million listeners, is teaming up with Five Boroughs to do a radio segment on New York City's Rubber Rooms. The radio segment, entitled "Human Resources", will air beginning this Friday, February 29th, and will feature audio from Five Boroughs Productions film footage as well as original interviews conducted by This American Life producers. This American Life is an award winning radio program, recognized time and time again for excellence in journalism, and we at Five Boroughs could not be more thrilled to be working with them.
Copy and paste the following links into your browser address bar:
Find This American Life broadcast times and stations in your area:
http://www2.pri.org/PublicSite/listeners/programlocator.asp
"Human Resources". (Once the show has aired you can stream the broadcast free at this link):
http://www.thislife.org/Radio_Episode.aspx?episode=350
Regards,
--
Jeremy Garrett
Executive Producer
Five Boroughs Productions
www.rubberroommovie.com
347-834-5206
If you want to contribute to the project, contact Jeremy at: jeremygarret@rubberroommovie.com
The RR movie trailer can be accessed here.
Greetings all,
We are pleased to announce that Chicago Public Radio's This American Life, a nationally syndicated weekly radio program with an estimated 1.7 million listeners, is teaming up with Five Boroughs to do a radio segment on New York City's Rubber Rooms. The radio segment, entitled "Human Resources", will air beginning this Friday, February 29th, and will feature audio from Five Boroughs Productions film footage as well as original interviews conducted by This American Life producers. This American Life is an award winning radio program, recognized time and time again for excellence in journalism, and we at Five Boroughs could not be more thrilled to be working with them.
Copy and paste the following links into your browser address bar:
Find This American Life broadcast times and stations in your area:
http://www2.pri.org/PublicSite/listeners/programlocator.asp
"Human Resources". (Once the show has aired you can stream the broadcast free at this link):
http://www.thislife.org/Radio_Episode.aspx?episode=350
Regards,
--
Jeremy Garrett
Executive Producer
Five Boroughs Productions
www.rubberroommovie.com
347-834-5206
If you want to contribute to the project, contact Jeremy at: jeremygarret@rubberroommovie.com
The RR movie trailer can be accessed here.
Tuesday, February 26, 2008
UFT Undermining Rubber Room Suit, Teachers Charge
UPDATE: Thurs. Feb. 28 from Boubakar Fofana:
You make grave statements without naming your source. Who told you that "NYSUT lawyers withdraw from active 3020a hearings of plaintiffs" ?
"Teachers4action being criticized by some for putting people in jeopardy."
By "some" ? Again, what is your source ? Teachers4action put people in jeopardy by suing the DOE and the UFT ? How ?
This is absurd because the plaintiffs are the Teachers4action and Teachers4action is the collective name for the plaintiffs.
The UFT has a fiduciary obligation to protect its members and provide them with legal representation in the 3020a proceedings.You certainly know that.
I have news for you : I am a plaintiff and the following correspondence is proof of the fallacy of the piece you call breaking news. I do hope that you will make a correction on your blog :
Date:
UPDATE: Wed. Feb 27 9am
Breaking News: (If you have added info, email me or add it to the comments section).
UFT sued by Teachers4Action – Weingarten and SWAT Team member Betsy Combier named as defendants amongst others.
NYSUT Lawyers withdraw from active 3020a hearings of plaintiffs, claiming potential conflict of interest; will go to federal court to ask for ruling; teachers told they would have to pay for their own lawyer if NYSUT lawyers stay away; arbitrators informing teachers if they turn up without a lawyer they will be charged for the day of cancelled hearings; some teachers claim withdrawal of NYSUT lawyers part of pressure tactics to force plaintiffs to drop out of case.
On Jan. 31 I posted about how we broke into the Queens rubber room where the group "Teachers4Action" has been organizing to file a lawsuit against the DOE and possibly the UFT. Almost 50 teachers gathered in a church to meet. Think this is a threat to the UFT, which they claim has been working to undermine the suit? Weingarten even wrote letters to elected officials as part of this campaign. The candlelight vigil in November, originally planned as a protest by RR people who would have made the point about the UFT selling them out, was one such
undercutting action.
But she doesn't have to do the heavy lifting. When she created the SWAT team (named "The Three Stooges" by Jeff Kaufman on the ICE blog) back in the fall to supposedly assist the RR people, some viewed them as spies who would work to divide and defuse any militancy that might arise.
Now Teachers4Action are claiming they are under assault by the UFT, as evidenced by this email:
I wrote back in September when the SWAT team was announced, "If I were in the RR I wouldn't make plans to be back at my job real soon." Here are excepts:
You make grave statements without naming your source. Who told you that "NYSUT lawyers withdraw from active 3020a hearings of plaintiffs" ?
"Teachers4action being criticized by some for putting people in jeopardy."
By "some" ? Again, what is your source ? Teachers4action put people in jeopardy by suing the DOE and the UFT ? How ?
This is absurd because the plaintiffs are the Teachers4action and Teachers4action is the collective name for the plaintiffs.
The UFT has a fiduciary obligation to protect its members and provide them with legal representation in the 3020a proceedings.You certainly know that.
I have news for you : I am a plaintiff and the following correspondence is proof of the fallacy of the piece you call breaking news. I do hope that you will make a correction on your blog :
========================================
Mr. Cavallaro,
It is not easy for me to walk away from someone I am comfortable with, and whose professionalism is quite remarkable. Given the circumstances we discussed yesterday, I believe my interests will be better served if a private attorney represents me in the 3020a proceedings, although I don't understand the rationale for the NYSUT making the choice for me.
Regards,
Boubakar Fofana
============================================
Date:
Thu, 21 Feb 2008 15:52:15 -0500
From:
"Antonio Cavallaro" <acavalla@nysutmail.org>
To:
CC:
Subject:
Re: Private Attorney
Mr. Fofana,
Thank you for your compliments. I appreciate that this was not an easy decision for you to make and that there is nothing personal in your decision. As I mentioned to you yesterday, our policy is that if we pay for the representation provided we must choose the attorney that provides that representation in order to ensure that the quality of representation meets our very exacting standards. Once that attorney is secured by this office, we have no right to oversee or direct the representation in any fashion, despite the fact that we will be paying that attorney's fees. However, we still have the responsibility, to ensure that the representation is ethically and competently provided. The only way we can meet our responsibilities under those circumstances, is to choose the attorney who will provide that representation ourselves. As I mentioned to you when we discussed this issue yesterday, if you wish for NYSUT to cover the costs of the representation, that is an absolute pre-requisite. I am sorry if you do not understand this requirement, but it is not negotiable. If you wish to secure your own attorney to represent you in this matter you will have to pay the attorney and all associated costs yourself. Alternatively, as I also explained yesterday, you may choose to continue with me as your attorney, so long as you are willing to sign a legal document which clearly indicates your knowledge of the possibility of a conflict of interest and waiving any objection to that possible conflict. In any event, I will immediately inform my managers of the choice you have made in this instance.
Thank You
Antonio Cavallaro
Associate Senior Counsel, NYSUT
Associate Senior Counsel, NYSUT
UPDATE: Wed. Feb 27 9am
Breaking News: (If you have added info, email me or add it to the comments section).
UFT sued by Teachers4Action – Weingarten and SWAT Team member Betsy Combier named as defendants amongst others.
NYSUT Lawyers withdraw from active 3020a hearings of plaintiffs, claiming potential conflict of interest; will go to federal court to ask for ruling; teachers told they would have to pay for their own lawyer if NYSUT lawyers stay away; arbitrators informing teachers if they turn up without a lawyer they will be charged for the day of cancelled hearings; some teachers claim withdrawal of NYSUT lawyers part of pressure tactics to force plaintiffs to drop out of case.
On Jan. 31 I posted about how we broke into the Queens rubber room where the group "Teachers4Action" has been organizing to file a lawsuit against the DOE and possibly the UFT. Almost 50 teachers gathered in a church to meet. Think this is a threat to the UFT, which they claim has been working to undermine the suit? Weingarten even wrote letters to elected officials as part of this campaign. The candlelight vigil in November, originally planned as a protest by RR people who would have made the point about the UFT selling them out, was one such
undercutting action.But she doesn't have to do the heavy lifting. When she created the SWAT team (named "The Three Stooges" by Jeff Kaufman on the ICE blog) back in the fall to supposedly assist the RR people, some viewed them as spies who would work to divide and defuse any militancy that might arise.
Now Teachers4Action are claiming they are under assault by the UFT, as evidenced by this email:
[A UFT rep] is attempting to intimidate teachers involved [in our lawsuit] and peel them off one by one in order to dilute our effectiveness. Word is spreading fast among the rooms that the UFT has declared war against the sacrificial lambs.
I wrote back in September when the SWAT team was announced, "If I were in the RR I wouldn't make plans to be back at my job real soon." Here are excepts:
Here's a link to the full Sept. 28 post.
In a post the other day I wrote "the screams of the people are beginning to be heard and with the potential national impact of blogs calling Randi a sellout, she is trying to make it look like they will do something-- she has assigned [a team of 3] to visit the rubber rooms and come up with suggestions. So she is trying to let the air out of the balloon."
It will be the usual "We hear you, we feel your pain." People will feel good like the union is paying attention and will stop organizing. A year later when nothing much has changed they will get the message: Talk loudly, carry a tiny stick.
Thursday, January 31, 2008
Room With a View: The Queens Rubber Room
I had an out of body experience yesterday when I was invited over to the Queens Rubber Room by the gang who went to federal court last Monday with a lawsuit. They are calling themselves "Teachers 4 Action."
Going in. Video posted below.
I got off the Van Wyck at Linden Place and looked for the ugliest building I could find – where was the sign proclaiming I had reached Shit's Creek? Part of the DOE punishment manual - put 'em in places with bad architecture. Also, not exactly near good public transportation. I parked – illegally – behind the building but no one seemed to be watching.
I was greeted by the T4A organizing committee (I'm not mentioning their names here until they give me the ok, but they know who they are). I will mention Florian Lewenstein who has been out front with his lawsuit. You can read more about Florian and the suit in a story written by Meredith Kolodner in The Chief, posted at Norm's Notes.
What are they shredding over there?
Their lawyer, Ed Fagan, led the charge into the building and I followed his blocking, dodging and ducking like any good running back in the Super Bowl. We got up to the 4th floor where the detainees hang out. I will say, they do have a room with a view – of highways.
It was clearly not a normal day at the office for the confinees. I started taking pictures, which always make people nervous. But I was careful to focus on Ed and the background. Ed talked to people briefly to tell them about the lawsuit and to announce a lunchtime meeting at a nearby church.
There followed lots of milling about as the powers that be began to get organized and an order finally came down from the lady in charge, who was not on sight, that we had to leave. Teachers organized themselves into cars to go to the church.
Ed scans the sheet listing where people are "supposed" to be.
About 50 people, some from Rubber Rooms in other boroughs, showed up. After an introduction by Florian, Ed Fagan explained what this was all about. (RR activist and lawyer Joy Hochstadt was also on board.)
Using the metaphor of the attack on Pearl Harbor, he reprised the words of the past: "They have awakened a sleeping giant with a terrible resolve. We will fight to win with righteous anger. If we lose, we will still win by shining a light and raising awareness. We are facing a Goliath but we have a mighty slingshot."
That pumped up the crowd, which having faced so much demoralization, certainly could use a pep rally. Fagan went on to the details.
He didn't shy away from the issue of there are people who may have done things that are serious. But he focused on the issue of no matter what they did, they still have a right in this society to their due process rights. The DOE MUST play by the rules. Is the way they were removed from their schools without charges or any information such a violation? Is the very existence of the rubber room, with its humiliating rules and procedures, such a violation?
Ed and Florian at the church.
The two judges involved seem pretty decent. The Federal judge is Victor Marrero, who struck down provisions of the Patriot Act – twice. A good sign for due process. There is also a Discovery Judge. (Legalese like "discovery" gives me the heebies. All I know about "discovery" is Columbus "discoveried" America - maybe.)
The Judge (one of them) asked for the case to be tightened up and they have to return to court next week.
Fagan asked people to conquer their fears and stand up for their rights. "Until you do, you will lose." The judge has assured if there is any retaliation, it is against the law.
As to exactly which people and agencies to sue, that is still being determined. The UFT is still a candidate to be sued.
The audience at the church.
Teachers4Action can be reached at: teachers4action@gmail.com
Thanks to DB for video processing and editing.
Tuesday, January 29, 2008
Randi's Rubber Room Letter to Elected Officials
See Jan. 28 post on Rubber Room for full background.
I know these are hard to read. Email me if you want a pdf (which I will post later on Google docs.)
I know these are hard to read. Email me if you want a pdf (which I will post later on Google docs.)
Monday, January 28, 2008
Fed Judge Calls Emergency Hearing on Rubber Room Suit
Updated Monday, Jan. 28, 9 AM
That the UFT will oppose any independent action on the part of teachers is a given. Unless they can coopt it like they did the rally at the PEP in November. Remember the mantra: The "job" of the UFT leadership is to control the members and dampen any militancy that might arise in the rank and file.
I believe both the DOE and the UFT are working together to eliminate the rubber room, not for good reasons, but to find a way to keep people away from each other so such militancy won't occur again. The key was the favorable mainstream press some of the outrageous cases were getting, which embarrasses both Tweed and the UFT.
Who knows? Maybe there is enough anger to cause a lot more people than have come in the past to stand outside the Delegate Assembly on Feb. 6 and tell people what is going on.
Tonight, another group, TAGNYC, will be at the PEP at Tweed to give Klein a lecture.
Check out Chaz's School Daze for his Jan. 21 report.
UPDATE: I only have pdf's and jpegs of Randi's Jan. 16 letter to elected officials. I am working to get them clear enough to read and will post them below Fagan's letter later today. Fagan nails a bunch of stuff in this excerpt:
Via Fax # 23 January 2008
Randi Weingarten, President
United Federation of Teachers
52 Broadway
New York, NY 10004
Re: Teachers4Action et al v. Bloomberg et al 08-cv-0548 (VM)
Dear Ms. Weingarten,
I represent Teachers4Action in the above referenced matter. We have just received a copy of the letter you circulated to elected officials on Jan.16, 2008 in response to my clients’ Jan. 15, 2008 letter to Mayor Michael Bloomberg and Chancellor Joel Klein.
My clients’ Jan. 15th letter was faxed to you to inform you of our/their demands and actions. My client’s letter was sent so that you would realize the seriousness of the problems that exist, the immediate, irreparable and ongoing damages that the teachers are suffering and the fact that the teachers were forced to take action because, in part of the UFT’s failings to do its job to protect teachers. Unfortunately, you did not see fit to provide a copy of your response to my clients and instead circulated your proposals in a typical political maneuver. Your Jan. 16th letter illustrates (i) the failures of the UFT to address these problems and (ii) the UFT’s knowledge and failure to take action related to the ongoing damages which Teachers4Action members suffer because of the "Rubber Room“ practices. Your Jan. 16th letter also underscores the need for the above referenced complaint filed by Teachers4Action.
My clients and I consider your Jan. 16th letter as an attempt to undermine their efforts to protect their rights. Your Jan. 16th letter gives the impression that you have labored long and hard to find a solution for my clients and the other teachers and DOE staff who have been, or continue to be, caught up in the mayor’s and the DOE’s scheme to reduce salaries by getting rid of senior teachers. However, the truth is that my clients and Teachers4Action members were forced to take action because you and the UFT failed them and violated your obligations to them.
My clients demand that you and the UFT advise us immediately that you will (i) cooperate with and support Teachers4Action members individual rights to protect themselves and prosecute these claims; (ii) stop interfering with/undermining legitimate efforts of teachers who are UFT members to protect their own rights and interests; (iii) stop misrepresenting what actions the UFT has and has not taken related to teachers in “Rubber Rooms”; (iv) cease and desist interfering in Teachers4Action’s efforts to protect themselves and their members; and (v) immediately produce any and all UFT correspondence, letters, emails, faxes, computer stored records and other documents related to “Rubber Rooms” dating back to 1999.
We look forward to receipt of your direct, full and prompt response to this letter.
Sincerely,
Edward D. Fagan
- When? Monday.
- RR group, Teachers4Action, growing by leaps and bounds.
- Randi and UFT not supporting teachers. Writes letter to elected officials disavowing suit.
- Randi is sent "cease and desist" letter by lawyer who accuses her of attempting to undermine RR teachers.
- Details to follow as they come in. I'll put a direct link to this posting on the upper right corner of the blog, so check back.
That the UFT will oppose any independent action on the part of teachers is a given. Unless they can coopt it like they did the rally at the PEP in November. Remember the mantra: The "job" of the UFT leadership is to control the members and dampen any militancy that might arise in the rank and file.
I believe both the DOE and the UFT are working together to eliminate the rubber room, not for good reasons, but to find a way to keep people away from each other so such militancy won't occur again. The key was the favorable mainstream press some of the outrageous cases were getting, which embarrasses both Tweed and the UFT.
Who knows? Maybe there is enough anger to cause a lot more people than have come in the past to stand outside the Delegate Assembly on Feb. 6 and tell people what is going on.
Tonight, another group, TAGNYC, will be at the PEP at Tweed to give Klein a lecture.
Check out Chaz's School Daze for his Jan. 21 report.
UPDATE: I only have pdf's and jpegs of Randi's Jan. 16 letter to elected officials. I am working to get them clear enough to read and will post them below Fagan's letter later today. Fagan nails a bunch of stuff in this excerpt:
teachers were forced to take action because, in part of the UFT’s failings to do its job to protect teachers. Unfortunately, you did not see fit to provide a copy of your response to my clients and instead circulated your proposals in a typical political maneuver.
Via Fax # 23 January 2008
Randi Weingarten, President
United Federation of Teachers
52 Broadway
New York, NY 10004
Re: Teachers4Action et al v. Bloomberg et al 08-cv-0548 (VM)
Dear Ms. Weingarten,
I represent Teachers4Action in the above referenced matter. We have just received a copy of the letter you circulated to elected officials on Jan.16, 2008 in response to my clients’ Jan. 15, 2008 letter to Mayor Michael Bloomberg and Chancellor Joel Klein.
My clients’ Jan. 15th letter was faxed to you to inform you of our/their demands and actions. My client’s letter was sent so that you would realize the seriousness of the problems that exist, the immediate, irreparable and ongoing damages that the teachers are suffering and the fact that the teachers were forced to take action because, in part of the UFT’s failings to do its job to protect teachers. Unfortunately, you did not see fit to provide a copy of your response to my clients and instead circulated your proposals in a typical political maneuver. Your Jan. 16th letter illustrates (i) the failures of the UFT to address these problems and (ii) the UFT’s knowledge and failure to take action related to the ongoing damages which Teachers4Action members suffer because of the "Rubber Room“ practices. Your Jan. 16th letter also underscores the need for the above referenced complaint filed by Teachers4Action.
My clients and I consider your Jan. 16th letter as an attempt to undermine their efforts to protect their rights. Your Jan. 16th letter gives the impression that you have labored long and hard to find a solution for my clients and the other teachers and DOE staff who have been, or continue to be, caught up in the mayor’s and the DOE’s scheme to reduce salaries by getting rid of senior teachers. However, the truth is that my clients and Teachers4Action members were forced to take action because you and the UFT failed them and violated your obligations to them.
My clients demand that you and the UFT advise us immediately that you will (i) cooperate with and support Teachers4Action members individual rights to protect themselves and prosecute these claims; (ii) stop interfering with/undermining legitimate efforts of teachers who are UFT members to protect their own rights and interests; (iii) stop misrepresenting what actions the UFT has and has not taken related to teachers in “Rubber Rooms”; (iv) cease and desist interfering in Teachers4Action’s efforts to protect themselves and their members; and (v) immediately produce any and all UFT correspondence, letters, emails, faxes, computer stored records and other documents related to “Rubber Rooms” dating back to 1999.
We look forward to receipt of your direct, full and prompt response to this letter.
Sincerely,
Edward D. Fagan
Friday, January 4, 2008
Klein to Go After ATR's Weingarten Says
A correspondent reports:
Randi's visit to the Queens Rubber room
Aside from a lot of useless prattle, she also indicated that Klein was going after ATR's as a form of featherbedding. She, as always, the unsuspecting, unknowing, innocent lawyer, does not seem too sure about her ability to uphold the union's ironclad policy of protecting atrs. What else is new?
Randi's visit to the Queens Rubber room
Aside from a lot of useless prattle, she also indicated that Klein was going after ATR's as a form of featherbedding. She, as always, the unsuspecting, unknowing, innocent lawyer, does not seem too sure about her ability to uphold the union's ironclad policy of protecting atrs. What else is new?
Thursday, January 3, 2008
Rubber Room Trailer Released
Greetings all and Happy New Year,
Five Boroughs Productions is proud to announce the release of our trailer for The Rubber Room, which is now available for viewing at www.rubberroommovie.com. Although all aspects of production have not been completed, we are excited to show you a preview of some of the footage we have obtained so far.
We here at Five Boroughs Productions would also like to take this opportunity to sincerely thank all of you for your continued support and feedback over the last 2 and a half years of researching and filming this project. Indeed, this project would not be possible without your participation, no matter how small your contribution.
In 2008 we look forward to making great strides in the completion of this project including funding and distribution. As always, your input as well as word of mouth is welcome.
--
Jeremy Garrett
Executive Producer
Five Boroughs Productions
www.rubberroommovie.com
Saturday, November 17, 2007
Witch Hunt II
This story is so powerful I'm posting the full blog entry from Moriah (alias) at http://untamedteacher.blogspot.com/.
Call it Witch Hunt II.
I spoke to a teacher at Moriah's school who told me the principal targets one teacher a year. Last year it was Adila. This year it is Moriah. I can't reveal the school until Moriah decides to do so but it would be a good lesson for the principal to have this story pop up every time someone Googles the name.
I also had a friend sent to the RR when a kid peed in her class, never having told her he had to go. She was released 2 weeks later when he did it again in another class - this teacher a favorite of the principal. She still got a letter in her file and has lost grievances
Klein is spending a million to get rid of the Adilas and Moriahs.
And of course, note the "superb" performance of the UFT.
Moriah's story
My "U" rating was not just about my lesson plans, or my teaching ability, or my salary, or my age, or my political views. It really started with my reaction to a frameup.
Another teacher, we'll call her Adila, was framed for child endangerment. She spent all last year in a Rubber Room Gulag. She was offered a deal--admit to a lesser crime, and pay a fine and you can keep your job. She accepted the deal, and signed an affidavit swearing to never speak of the matter again. She could have returned to her school, but she refused. She is now an ATR. Case closed.
When Adila was first accused, she went to a private lawyer, and I went with her. At some point during the interview, I said, "But the principal lied, and we can prove it!". The lawyer replied: "Everybody knows that President Bush lied about the Weapons of Mass Destruction, and no one cares, so why should anyone care if a principal lies?"
The lawyer was right of course. A web of lies had reached from the loftiest office of the land down to our lowly little school in Queens. That just shows why public leaders should to be held to very high standards.
Representative Kucinich has just introduced a motion to impeach the Vice President. The fact that his motion was not automatically tabled, shows that there is a glimmer of hope that we can turn this country around.
Adila does not want her case reopened. She wants to get on with her life, and put the nightmare behind her. But I am going to write about her case anyway. (Sorry Adila). We are all victims of the trickle down effect of Washington's lies. This is not just about one teacher's sad story. What happened to her can happen to anyone, as long as liars rule.
So here begins the telling of THE PRINCIPAL'S LIE
Adila was standing in the doorway of her classroom at the beginning of 5th period, as all teachers were required to do. She was expected to supervise not only the students in the hall, but also her seventh graders who were already in the classroom. The hallway was extremely crowded, because the school itself was overcrowded. We were on double session, but this didn't keep the halls from being regularly converted into mosh pits by squealing students who gleefully pushed one another back and forth when they got caught in a traffic jam.
The administration's answer to this problem, was to get the students from classroom A to classroom B as soon as possible (3 minutes) and then to keep them out of the hallways until the students had to move to classroom C. Regular "sweeps" were made to pick up lagging students who were then "written up". Bathrooms were locked during the first two periods and the last two periods of the day (a period lasted 45 minutes). Bathrooms were also locked during the first ten minutes and the last ten minutes of each period. Aides sat outside the bathrooms writing down the names of the students who entered and the teachers who had given the passes. Teachers were "written up" if they failed to mark students late, or if they gave too many passes to the bathroom. The principal regularly got on the loud speaker and irritably reminded teachers to stop giving passes during the prohibited times.
So in this environment, Adila was trying to get her students into the classroom as quickly as possible. A few girls were playing around down the hallway--putting off going to the classroom until the last possible minute. A boy named Bobby came running up from the opposite direction. He pushed past Adila, and in doing so he tripped and almost fell, but he recovered his balance at the last moment. He must have presented a comic figure to the children in the classroom, because they all laughed at him. Perhaps to cover his embarrassment at his own clumsiness, Bobby shouted," Ms. Adila made me trip".
Just as the bell rang, five or six girls tried to run into the classroom at the last moment, but Adila stopped them and dutifully placed an "L" for Late next to each name in her attendance book. The girls were incensed. They argued that they weren't late because they had gotten to the door as the bell was ringing. Adila told them to sit down, but one of the girls--the leader of the group--left the class without a pass saying that that she had to talk to her counselor.
A month later Adila was called into the principal's office. Bobby's mother was there. It seems that Bobby had complained that he had been tripped by Adila, and he had six witnesses to prove it. Now it was Adila's turn to be incensed. She had done no such thing! But there were witnesses, insisted the mother. Adila consulted her attendance book. The so-called witnesses weren't even in the classroom at the time--they were the girls who had run up to the door just as the bell rang. When the meeting ended, Adila felt that she had established her innocence.
A couple of months passed. Adila received a letter saying that a Chancellor's Investigator was coming to the school to hold a hearing about charges of child endangerment. She was told by the UFT that she would be represented by Ms. Baker, but Ms. Baker was unavailable until the day of the hearing. Adila saw her for perhaps three minutes before the hearing started.
The Investigator asked her about the Bobby incident, and Adila told the same story she told the principal and the mother. Then the Investigator started asking her about a second incident. Adila realized that she had been brought up on two charges. She was hearing about the second one with no warning at all.
The second charge involved a child named Karl. Karl had come into Adila's third period class one day asking to go to the bathroom. She told him that she would give him a pass in ten minutes as soon as the bathrooms were open. Now remember, Karl had already been sitting for two periods in math class with no access to the bathroom, because all bathrooms were locked during the first two periods of the day. When he had asked his math teacher for a pass to the bathroom, she had said the same thing that Adila did--bathrooms are locked. But Karl couldn't wait. He had diarrhea--a detail which he failed to mention to Adila--perhaps because he was already running out the door in an attempt to keep from having an accident. But the bathrooms were locked, remember? The aides were not yet sitting next to the door. There was no one to unlock the bathrooms--none of the teachers had keys. So poor Karl had a very messy accident. And poor Adila took the fall for it.
Adila told the Chancellor's Investigator that she didn't know that the child had an emergency. She told him that even if she had wanted to she couldn't open the bathroom door, because she had no key. The Investigator called the principal and asked her about the bathrooms. Were they indeed locked? NO, answered the principal. BATHROOMS ARE NEVER LOCKED.
Adila told the Investigator that all he had to do was to go down the hallway and look at the bathroom door. There was a huge sign that read:
BATHROOM HOURS OF OPERATION
Bathrooms Closed: Period 1,2,8,9 & Homeroom
Per. 3- 10:03 – 10:31
Per. 4- 10:52 – 11:20
Per. 5- 11:41 – 12:09
Per. 6- 12:30 - 12:58
Per. 7- 1:19 - 1:47
The principal hadn't even bothered to take the signs down. Why should she? The Investigator refused to get up and go look, as the principal knew he would. Ms. Baker, who was there to represent Adila, said and did absolutely nothing.
So because a child tripped and almost fell, and because a child couldn't get into a locked bathroom, Adila spent a year in the Rubber Room Gulag.
No I didn't leave anything out. There were no other incidents. No other crimes. I read the charges. I went with her to the lawyer. I swear those were the only incidents.
If a teacher can be sent to a Rubber Room Gulag on charges like those, none of us are safe. And I think that the principal did that to Adila, because she wants us to feel that way. Unsafe. The principal has the power to ruin our lives.
But my life is already ruined, because I can't stand the thought of such a horrible injustice being done to someone who had done nothing bad to anyone--including Bobby, Karl, and the principal. It knaws at me. People don't understand why I can't let it go. The District Representative, just the other day said, "You're not Adila's mother--let it go".
I can't. I don't think that the principal of a New York City Public School should have that much power. And it isn't just my principal. She isn't a trend setter. She isn't a loose cannon. She is very much a team player. She is doing exactly what she is told to do by higher ups. She wouldn't still be principal otherwise.
ALL OVER THE CITY, TEACHERS WHO HAVE DONE NOTHING WRONG ARE BEING FRAMED, LIED ABOUT, RUINED!
I don't know why the UFT is putting up with this. I don't know why New Yorkers are putting up with this. I don't know why Americans are putting up with this.
I have told this story over and over. I wrote to the Chancellor's Investigator offering to send him the sign that was still on the door. I wrote to Randi Weingarten. I wrote to The New York City Teacher's Advocacy Group. I signed all letters with my real name.
I am going to keep writing. It's not OK to frame teachers. This is not going to go away.
Those in power are abusing that power and that means that THEY need to go away--preferably to a specially prepared RUBBER ROOM GULAG just for them.
Call it Witch Hunt II.
I spoke to a teacher at Moriah's school who told me the principal targets one teacher a year. Last year it was Adila. This year it is Moriah. I can't reveal the school until Moriah decides to do so but it would be a good lesson for the principal to have this story pop up every time someone Googles the name.
I also had a friend sent to the RR when a kid peed in her class, never having told her he had to go. She was released 2 weeks later when he did it again in another class - this teacher a favorite of the principal. She still got a letter in her file and has lost grievances
Klein is spending a million to get rid of the Adilas and Moriahs.
And of course, note the "superb" performance of the UFT.
Moriah's story
My "U" rating was not just about my lesson plans, or my teaching ability, or my salary, or my age, or my political views. It really started with my reaction to a frameup.
Another teacher, we'll call her Adila, was framed for child endangerment. She spent all last year in a Rubber Room Gulag. She was offered a deal--admit to a lesser crime, and pay a fine and you can keep your job. She accepted the deal, and signed an affidavit swearing to never speak of the matter again. She could have returned to her school, but she refused. She is now an ATR. Case closed.
When Adila was first accused, she went to a private lawyer, and I went with her. At some point during the interview, I said, "But the principal lied, and we can prove it!". The lawyer replied: "Everybody knows that President Bush lied about the Weapons of Mass Destruction, and no one cares, so why should anyone care if a principal lies?"
The lawyer was right of course. A web of lies had reached from the loftiest office of the land down to our lowly little school in Queens. That just shows why public leaders should to be held to very high standards.
Representative Kucinich has just introduced a motion to impeach the Vice President. The fact that his motion was not automatically tabled, shows that there is a glimmer of hope that we can turn this country around.
Adila does not want her case reopened. She wants to get on with her life, and put the nightmare behind her. But I am going to write about her case anyway. (Sorry Adila). We are all victims of the trickle down effect of Washington's lies. This is not just about one teacher's sad story. What happened to her can happen to anyone, as long as liars rule.
So here begins the telling of THE PRINCIPAL'S LIE
Adila was standing in the doorway of her classroom at the beginning of 5th period, as all teachers were required to do. She was expected to supervise not only the students in the hall, but also her seventh graders who were already in the classroom. The hallway was extremely crowded, because the school itself was overcrowded. We were on double session, but this didn't keep the halls from being regularly converted into mosh pits by squealing students who gleefully pushed one another back and forth when they got caught in a traffic jam.
The administration's answer to this problem, was to get the students from classroom A to classroom B as soon as possible (3 minutes) and then to keep them out of the hallways until the students had to move to classroom C. Regular "sweeps" were made to pick up lagging students who were then "written up". Bathrooms were locked during the first two periods and the last two periods of the day (a period lasted 45 minutes). Bathrooms were also locked during the first ten minutes and the last ten minutes of each period. Aides sat outside the bathrooms writing down the names of the students who entered and the teachers who had given the passes. Teachers were "written up" if they failed to mark students late, or if they gave too many passes to the bathroom. The principal regularly got on the loud speaker and irritably reminded teachers to stop giving passes during the prohibited times.
So in this environment, Adila was trying to get her students into the classroom as quickly as possible. A few girls were playing around down the hallway--putting off going to the classroom until the last possible minute. A boy named Bobby came running up from the opposite direction. He pushed past Adila, and in doing so he tripped and almost fell, but he recovered his balance at the last moment. He must have presented a comic figure to the children in the classroom, because they all laughed at him. Perhaps to cover his embarrassment at his own clumsiness, Bobby shouted," Ms. Adila made me trip".
Just as the bell rang, five or six girls tried to run into the classroom at the last moment, but Adila stopped them and dutifully placed an "L" for Late next to each name in her attendance book. The girls were incensed. They argued that they weren't late because they had gotten to the door as the bell was ringing. Adila told them to sit down, but one of the girls--the leader of the group--left the class without a pass saying that that she had to talk to her counselor.
A month later Adila was called into the principal's office. Bobby's mother was there. It seems that Bobby had complained that he had been tripped by Adila, and he had six witnesses to prove it. Now it was Adila's turn to be incensed. She had done no such thing! But there were witnesses, insisted the mother. Adila consulted her attendance book. The so-called witnesses weren't even in the classroom at the time--they were the girls who had run up to the door just as the bell rang. When the meeting ended, Adila felt that she had established her innocence.
A couple of months passed. Adila received a letter saying that a Chancellor's Investigator was coming to the school to hold a hearing about charges of child endangerment. She was told by the UFT that she would be represented by Ms. Baker, but Ms. Baker was unavailable until the day of the hearing. Adila saw her for perhaps three minutes before the hearing started.
The Investigator asked her about the Bobby incident, and Adila told the same story she told the principal and the mother. Then the Investigator started asking her about a second incident. Adila realized that she had been brought up on two charges. She was hearing about the second one with no warning at all.
The second charge involved a child named Karl. Karl had come into Adila's third period class one day asking to go to the bathroom. She told him that she would give him a pass in ten minutes as soon as the bathrooms were open. Now remember, Karl had already been sitting for two periods in math class with no access to the bathroom, because all bathrooms were locked during the first two periods of the day. When he had asked his math teacher for a pass to the bathroom, she had said the same thing that Adila did--bathrooms are locked. But Karl couldn't wait. He had diarrhea--a detail which he failed to mention to Adila--perhaps because he was already running out the door in an attempt to keep from having an accident. But the bathrooms were locked, remember? The aides were not yet sitting next to the door. There was no one to unlock the bathrooms--none of the teachers had keys. So poor Karl had a very messy accident. And poor Adila took the fall for it.
Adila told the Chancellor's Investigator that she didn't know that the child had an emergency. She told him that even if she had wanted to she couldn't open the bathroom door, because she had no key. The Investigator called the principal and asked her about the bathrooms. Were they indeed locked? NO, answered the principal. BATHROOMS ARE NEVER LOCKED.
Adila told the Investigator that all he had to do was to go down the hallway and look at the bathroom door. There was a huge sign that read:
BATHROOM HOURS OF OPERATION
Bathrooms Closed: Period 1,2,8,9 & Homeroom
Per. 3- 10:03 – 10:31
Per. 4- 10:52 – 11:20
Per. 5- 11:41 – 12:09
Per. 6- 12:30 - 12:58
Per. 7- 1:19 - 1:47
The principal hadn't even bothered to take the signs down. Why should she? The Investigator refused to get up and go look, as the principal knew he would. Ms. Baker, who was there to represent Adila, said and did absolutely nothing.
So because a child tripped and almost fell, and because a child couldn't get into a locked bathroom, Adila spent a year in the Rubber Room Gulag.
No I didn't leave anything out. There were no other incidents. No other crimes. I read the charges. I went with her to the lawyer. I swear those were the only incidents.
If a teacher can be sent to a Rubber Room Gulag on charges like those, none of us are safe. And I think that the principal did that to Adila, because she wants us to feel that way. Unsafe. The principal has the power to ruin our lives.
But my life is already ruined, because I can't stand the thought of such a horrible injustice being done to someone who had done nothing bad to anyone--including Bobby, Karl, and the principal. It knaws at me. People don't understand why I can't let it go. The District Representative, just the other day said, "You're not Adila's mother--let it go".
I can't. I don't think that the principal of a New York City Public School should have that much power. And it isn't just my principal. She isn't a trend setter. She isn't a loose cannon. She is very much a team player. She is doing exactly what she is told to do by higher ups. She wouldn't still be principal otherwise.
ALL OVER THE CITY, TEACHERS WHO HAVE DONE NOTHING WRONG ARE BEING FRAMED, LIED ABOUT, RUINED!
I don't know why the UFT is putting up with this. I don't know why New Yorkers are putting up with this. I don't know why Americans are putting up with this.
I have told this story over and over. I wrote to the Chancellor's Investigator offering to send him the sign that was still on the door. I wrote to Randi Weingarten. I wrote to The New York City Teacher's Advocacy Group. I signed all letters with my real name.
I am going to keep writing. It's not OK to frame teachers. This is not going to go away.
Those in power are abusing that power and that means that THEY need to go away--preferably to a specially prepared RUBBER ROOM GULAG just for them.
Sunday, November 4, 2007
TAGNYC has been gathering feedback
UPDATED: Materials have been circulating calling for an action at Tweed on Nov. 26 the evening of the monthly PEP meeting. Right now we have sketchy information. We'll post more when we know more.
The following is a note from TAGNYC with comments on the meeting Randi held with RR denizens on Oct. 30. We wrote a previous report on that meeting here - ed notes
Teachers:
TAGNYC has been gathering feedback on the October 30th meeting between UFT staff and persons currently 
in the Reassignment Centers. Very few of the responses have been positive. A couple of people who spoke to us expressed the sentiment that Randi was now trying to address the conditions of the Reassignment Centers and that her Ten Points is evidence of this new commitment. Here is a direct quote from a person who drew encouragement from the meeting:
“As negligent as she has been in the past, I think she is showing a greater level of concern now.”
TAGNYC can not agree. Our position: The UFT leadership is analogous to the farmer who shuts the barn door after the horses escape or to the fire department that arrives to hose down a building’s burning embers. No amount of theatrics on the part of Randi Weingarten could quell the constant muttering of the crowd: “Where have they been all this time?” Where was the UFT and Randi’s concern when the damage was being done? That is the question that should have been addressed. Where were most of the district reps and most of the chapter leaders when Bloomberg-Klein’s unethical principals and assistant principals were harassing teachers and using u-ratings to intimidate and force out senior/experienced teachers? TAGNYC holds that the consensus ‘on the street’ is that Randi is no longer silent because her lambs are no longer silent. “Fired up--won’t take no more”- a rallying union cry that has caught up with the UFT leadership.
What follows are comments made by individuals who attended the meeting with some TAG commentary.
- Why was not a copy of the Ten Points handed out? People tried to copy them down from the PowerPoint but there was not enough time. (Possibly not to have a paper record?)
- Most of the Ten Points came from the brainstorming of people in the Reassignment Centers. How is Randi planning to make "her" Ten Points happen?
- Randi got the message loud and clear that her people were not doing their work (of representing the members).
- A member of the audience called out “If you can’t do anything, why are we here?’ Randi heard this comment.
- A reply of Randi’s: “That’s why I’m here. I need to hear.” (Brings up the main question- Why weren’t you hearing for the past many years? Isn’t that the role of a union leader?)
- There were no surprises. However experiencing it was really depressing. I’m glad I did not go alone.
- The UFT staff looked visibly upset when Randi told us “...we would be here until all questions are answered.” They kept talking among themselves and looking at their watches. A member of the audience had to keep asking "Can you please be quiet."
- She’s not going far enough. She has to do something before people are removed from the school. (That’s when the chapter leaders and district reps could earn their stipends and salaries.)
- Why is enforcing due process such a big deal when Article 21 of the contract repeats the state law? Why doesn’t the union just enforce the contract? Some of the Ten Points are contractual.
The next meeting will be on November 15th to address the issue of the ATRs. Affected TAG members please ask: Where was the union and how did you let this happen without a fight?
TAGNYC
http://teacheradvocacygrpnyc.blogspot.com/
Suggestion from Michael Fiorillo on ICE-mail:
In regard to David Pakter's plan to demonstrate at Tweed, I think it might be helpful if the Rubber Room teachers did a borough by borough survey to see if the detainees have been put there disproportionately by Leadership Academy principals. If this were to pan out, it would make for a much more effective attack against Klein and the regime, since it would be hard for them to counteract the logical inference that this a policy developed by Tweed and implemented by its minions.
Commentary from a variety of people on ICE mail:
"Do We Live In A Police State?" asks teacher A:
Teacher B: Most decidedly YES!
It strikes me as strange that we, as teachers, sat back for so long and allowed ( yes, allowed) all of these things to happen to us. Piece by piece, little by little, we have turned our destinies over to those (Bloomburger, FrankenKlein and Swinegarten) that are seeking greater political careers for themselves and even greater personal power. Do we not see the Bear directly coming at us?
Sure, I've heard all kinds of reasoning for why we have allowed ourselves to be led like sheep to the slaughter ( time in, pensions, age, etc). True enough, but WHEN will those blinders come off, and teachers take control of their own destiny? We have let ourselves be treated as less than professional, and now we see the results.
Rallies, etc., are great for publicity, but, after the dust settles, what will have been accomplished? It's time for teachers to rally together, and form our own professional association, and PAC's.
Teacher C: Definitely. And it's time to write letters to members of the City Council and other public officials. It is time to learn how to be effective activists, and not rush blindly and emotionally into anything. The opposition is extremely clear headed and relaxed. If this were a game of chess, we are fast approaching check. We're not there yet though. There's still some time, but not much. The message that must get out of the Rubber Room is "If it can happen to us, it can happen to you." Every in-service member needs to be aware of that possibility.
Wednesday, October 31, 2007
Randi does the Maury Povich show
UPDATED: Oct. 31 8pm with a 2nd RR reporter (below)
Here is a report from RRR - our Rubber Room Resident correspondent about last night's meeting (I didn't attend but was outside with someone from the Rubber Room Movie who would like to get some more video or audio reactions from people to the meeting. Anonymity guaranteed if requested.)
RRR:
Catching Maury -- I mean, Randy. Tonight's meeting regarding the Rubber Room.
Here is a report from RRR - our Rubber Room Resident correspondent about last night's meeting (I didn't attend but was outside with someone from the Rubber Room Movie who would like to get some more video or audio reactions from people to the meeting. Anonymity guaranteed if requested.)
RRR:
Catching Maury -- I mean, Randy. Tonight's meeting regarding the Rubber Room.
I knew we were in trouble when Randy walked in and asked us how we wanted to run the meeting -- did we want to hear her ten point plan or talk first? I didn't know how to respond to this, but my colleagues had better manners and did their best impressions of good students anxious to hear what the teacher has to say.
The Ten points were themselves reasonable. We weren't given copies, but here's what I remember.
1. That the arbitration process should be expedited in a fair, but fast manner. That we should have the 20 arbitrators the contract calls for as soon as possible.
2. That whistle-blowers should be protected and people should have access to all their rights under the law --- the disabled, to the protection of disability laws, for example.
3. That teachers should receive their charges within two days of removal from the classroom.
4. That a committee be convened including the teacher's peers to determine IF the person needed to be removed from the school.
5. That while there would not be UFT rep's at each site, there would be liaisons assigned to each center so that cases could receive more attention and be better managed.
6. That the centers not be warehouse-like in themselves.
7. That a suspended teacher remains on the school's payroll so he/she can't be replaced.
8. That people facing criminal charges who are exonerated in criminal court don't have to endure another trial from the DOE.
I would ask others at the meeting to add what they remember and impressions.
What disturbed me even about the presentation of the ten points was the feeling of "rough draft" to the whole process. It seemed that Randy intended this to create a kind of feeling of open dialogue (or, at least, that was her given intention). She asked if we thought these points were "on the right track." I guess, I would have preferred to have a sense that these points were part of a proposal to be made on a specific date with the intention of implementing them quickly. Frankly, also, I'd have preferred to be given copies of the proposal before the meeting so that I could've come in with specific questions. I realize that Randy is very busy -- these points were apparently hot off her notepad this afternoon.
What followed was mostly a long, dirge of a session, with person after person relating his or her story. A few of the speakers made specific suggestions -- one which very importantly related to untenured teachers. She pointed out that keeping the untenured teacher on the principal's payroll would just give the principal incentive to fire/excess the untenured teacher. Randy, at first, dodged the question, but finally said she would then have to re-think the suggestion on the proposal.
The microphone then passed among the crowd like a special edition of a morning talk show, with teachers telling their stories, some sadder than the others. There was almost a feeling of people bringing their stories to some sort of papal figure, as if something could be done for them at the moment. Randy did gesture to her SWAT team -- Betsy Combier, Jim Callahan, etc. that they pay attention to some of these and even directed one woman to the legal department.
I am sure some people, particularly those speaking, felt satisfied for their opportunity to vent/get some sense of immediate redress. For those of us who didn't speak, there was the opportunity to listen to some terrible, but not unfamiliar injustices. A colleague of mine suggested that perhaps Randy had no idea how many people would come and that is why she had no more formal system than passing the microphone around.
What happened, as the meeting moved closer and closer to seven pm (having started around five), was that the NYSUT lawyers began passing notes in the back, people started flitting around to talk with their lawyers or other people they knew, and the circle of keening became a small one with Randy slumped behind it.
Maybe this meeting will help Randy to see badly people have been treated. It was probably far more contact with the masses than she intended and she did listen, even when she might have been the only one still listening. But, it's unclear to me if any of the larger stories will help shape the proposal. For all the demands and re-demands that "two days is too long to wait" for your charges and insistences that principals, and even sometimes union reps, do not behave fairly, I had a feeling that Randy's rough draft was meant to be fairly close to final and that the negotiable points were really meant to be fine tuning -- not core re-shapings that, for example, insisting that people get their charges before they are removed would necessitate.
I'd be curious to see what other's thought -- which points other people remember. A lot was also mentioned in passing. Randy alluded to wanting to have five cases like those of David Pakter and Lenny Brown -- and I took this to mean five "poster children" to be used as test cases, for stories in the press/help give a public face to the rubber room.
Randy also made clear that the UFT lost its age discrimination suit -- that the EEOC rejected the case as a whole as unworthy, though individual cases had merit. Somehow this loss blurred into a general answer about lawsuits -- implying that the union might not sue for discrimination against the disabled, for example as a whole, or might do so individually. She made clear she didn't want to take on the case of teachers who might be discriminated against because of their accents (a point raised in a RR resident's question) in the cold-hearted environment of Bloomberg and Klein, who might argue that the teacher could not be understood by the students. It will be up to the individual, it seemed to me, to bring his/her case to the union's attention and raise the issue of discrimination.
And then, all sorts of random facts some of us might not have known came out. I didn't know that if you have two "u" ratings you can get an independent person to evaluate you in your third year. It almost seemed as though Randy had been on a bone-up course/overdrive of "u" rating/3020a info and was just teeming with thoughts about it. That can happen both when you study hard and when you pull an "all-nighter" and get your paper done ten minutes before presentation. This is not to say she didn't have good intentions or ideas.
I just wished that things had been a bit more organized and objectives clearer. Maybe this is the fault of having been a teacher for too long.
RR Resident
RR Resident
Randi called a meeting of all the school systems' teachers reassigned to the rubber room.It was scheduled for 4:15 on Tuesday October 30th 2007. Over two hundred fifty people in rubber rooms from the five boroughs, as well as the entire nysut legal staff and many union district representatives were in attendance. Randi did not come to the meeting place until 4:30. No staff member said a word about the delay. Staff milled around and talked for one half hour. Randi then arrived and said that she could not get started because she was waiting for a power point presentation to be given to her. We waited another 15 minutes. She then began by explaining the reason she was late. A crisis had occurred due to a bomb threat at a Bronx school.
A teacher who came to class 30 minutes late would get a letter in his or her file. If a teacher arrived at a class and kept the class waiting for 15 minutes because he or she was unprepared, it would mean another letter for the file. Why was Randi involved in resolving a bomb threat in the Bronx? If a Union presence was necessary couldn't she have delegated someone to take care of it?
The experience of the first hour and fifteen minutes of a meeting with Randi was a crystalization of the problem. She was rude to the participants by showing up late. When she showed up she was not prepared. Finally, with a huge paid staff, she was unable to delegate responsibility meaningfully and as a result we, all of us in the school system, both in and out of rubber rooms are in the mess we are in.
Denizen of the RRMonday, October 29, 2007
Rubber Room Movie and Harlem RR Report - UPDATE
Filmmaker and former teacher Jeremy Garrett a filmmaker and former teacher, who got the idea for the Rubber Room Movie when a colleague was unfairly assigned there, asked me to post a message that someone from the movie will be outside 52 Broadway at 4pm to ask people their opinions. I will try to be there with them to assist.
The movie has been long in the making and kudos to Five Boroughs Productions for being on the case before anyone else. The UFT gave them permission to film a discussion at an Executive Board meeting and they attended an ICE meeting to film one of our discussions. Check out their site at http://www.rubberroommovie.com/ where a trailer will be posted soon.
Also, see a report from the Harlem Rubber Room by David Pakter below Jeremy Garrett's as David refuses to remove Van Gogh prints he bought and hung to liven up a windowless, drab space. David will be at the UFT meeting on Tuesday, Oct. 30 and it should be a lively event.
We want to point out that while we remain skeptical, we support the attention being paid at long last to this issue by the UFT leadership, which all too often gave RR people the impression they felt they were guilty, giving one the sense the UFT only wanted to touch them with a 20 foot pole. Now that the mainstream press has picked up the story with some level of sympathy for a change (began when ICE's Jeff Kaufman's stint in the RR was featured in the NY Times and the NY Post), the UFT is trying to take the lead. They are welcome to the struggle and hopefully their advocacy and the pressure of the press will embarrass the DOE into changes.
Greetings Norm,
I have tried to contact the UFT in order to be granted permission to shoot at the Rubber Room Summit meeting that is taking place tomorrow (Tues, Oct. 30 at 4pm). I have e-mailed Randi Weingarten and spoken with [UFT Public Relations chief] Chris Policano but I have yet to receive a response.
Could you please post this notice on your blog to let people know that Five Boroughs Productions will be outside 52 Broadway tomorrow if we are not granted permission to shoot inside? We wish to speak with folks both before and after the meeting to address issues surrounding the Rubber Room and discuss what the UFT is finally doing to address the needs which are specific to reassigned teachers.
Obviously we are aware of the sensitivity surrounding reassignment, so we can grant anonymity to those individuals who have something to say but fear retribution.
Thanks for your continued support,
--
Jeremy Garrett
Executive Producer
Five Boroughs Productions
www.rubberroommovie.com
347-834-5206
Rubber Room Update from David Pakter
As of today it was ordered that the Metropolitan Museum Prints be removed from the prison like walls of the Harlem Rubber Room. I have refused to comply. Can you possibly get this IMPROVED VERSION published all over the universe tonight because Randi Weingarten is holding a special meeting at the UFT, tomorrow, Tues at 4 PM for all 700 prisoners of the various Rubber Rooms. I want as many members of the press and public AS POSSIBLE to know about the situation in the Harlem Rubber Room before that massive UFT meeting begins tomorrow at 4 PM. The order to remove the Van Gogh prints is totally "Arbitrary and Capricious" and intended to make the RR's as painful/oppressive/uncomfortable as possible.
LATEST- Breaking NYC DOE Education News
For Immediate Press Release - Monday, October 29, 2007
Attention: Museum Art Curators, UNESCO, Cultural Organizations Worldwide
The New York City Dept of Education "Art Police" Demand
Metropolitan Museum Vincent Van Gogh Prints Be Removed
From A New York City Dept. of Education "Rubber Room".
Is It Because the Flowers Are Nude?
Please see previous Press Release attached below.
_______________________________________________________
Regarding: The New York City Board/Dept. of Education
"From Inside the Harlem Rubber Room"
Open Letter To Chancellor Joel Klein, Esq.
Will A Teacher Be Charged With Hanging A Museum Poster?
____________________________________________
Picture a small room without windows or even a water cooler on the 6th floor of a nondescript government building on West 125th Street in Harlem in New York City. Now imagine that you cannot reach that floor without being accompanied by a uniformed Security Guard and that once you enter that small windowless room, you are greeted by two uniformed Security Guards with badges, shoulder patches and the whole nine yards.
Is this a secret FBI uptown office or a local branch of the Homeland Security Administration? Hardly. Just one of the ten, (going on one hundred, at the present rate of expansion), NYC DOE teacher "reassignment centers", better known as "Rubber Rooms". These are centers set up by the NYC Board of Education to warehouse teachers who the DOE, in their infinite wisdom, has decided should not be in a school setting.
Some may perhaps deserve to be removed from their schools. But more often than not a huge percentage of these "reassigned educators" end up there for political reasons. In short removed from their positions due to being Whistle-blowers or having some type of disagreement with their immediate supervisor about what is in the best interest of the children in their care and who they have a fiduciary obligation to nurture, educate and protect.
In the NYC Dept of Education those in charge expect teachers to accept the premise that you surrender your First Amendment Rights once you pass through a school's front door. Most NYC schools now have metal detectors which can detect when a student is attempting to smuggle a knife or a loaded pistol into a school building.
Presumably, the way things are going, the NYC Board of Education may soon be installing "First Amendment Rights" detectors at the entrance to every school building just to ensure that no teacher becomes audacious enough to believe that he/she can successfully get away with smuggling a "First Amendment Right" into a school.
But getting back to the business at hand, it must be said that the term "Rubber Room", referring to the padded holding rooms in hospital psychiatric wards, (for the incarcerated person's own protection of course), is a term that was never so appropriate and fitting, as it is used by the NYC Board of Education. In particular to the teacher Rubber Room in New York's Harlem, which is in a space so absolutely perfect, whether by intentional design or not, to get the incarcerated teachers there to sooner or later start feeling claustrophobic, utterly cut off from the world and hence likely to start bouncing off the walls, sooner or later, figuratively speaking.
And to think the NYC DOE totally forgot to install the obligatory Federally Approved rubber padding that rubber rooms are required by law to contain, permanently affixed to the walls with Federally Approved, non-toxic glue and/or other approved adhesive material.
I realized this past week, as I enter my second year as an inmate of the 125th Street Harlem Rubber Room, that those four barren walls, with no windows, were definitely beginning to play tricks on my brain. At times there were days when I was even beginning to think that Chancellor Joel Klein, Esq. and the NYC Dept of Education did not like me. Was I becoming paranoid? Or what? Maybe I really did belong in a Rubber Room, medically speaking.
But then I had to remind myself that two years before, the Director of the NYC DOE Medical Office had tried to advance such an idea by knowingly claiming I was medically "not fit for duty" only to later incur a massive degree of public humiliation when the City's own hand picked Final Binding Medical Arbitrator, quickly saw through the knowingly false claims of the NYC DOE Medical Office. In fact the NYC DOE was forced to compensate me a full year's salary plus interest for that very foolish indiscretion and the last I heard the Medical Director involved has taken a "leave of absence for 'personal reasons' ".
(Sadly, I have been informed, however, that this same DOE Medical Office is continuing to Railroad innocent teachers out of the system on knowingly false Medical claims. This will all be leading to a $ 30,000,000 Lawsuit in due course. The "Official Notice of Claim" has already been filed with three separate government offices).
But returning to the question of whether the Harlem Rubber Room was beginning to take a toll on its inhabitants, that thought alone was sufficient to make me realize I had better take action before I went over the edge and got sucked into a Black Hole in DOE inner or outer space from whence there is no escape, ever.
I made the decision that I either had to paint, (as an experienced artist, see www.OldMasterPortraits.com ) virtual windows on those four barren walls. Or else have real window frames installed, with built in flat screen monitors, continuously showing refreshing French Riviera scenes of gorgeous beaches with their foaming waves lapping at the sands or perhaps views of Venice with romantic gondolas, gracefully gliding by on azure waters.
But then common sense and a reality check rudely stepped in and made me realize that I might very well go over the edge long before I completed such an ambitious project. Then I recalled that my residence was just a two minute walk, (passing Mayor Michael Bloomberg's stately townhouse at 17 East 79th Street), from The Metropolitan Museum of Art, whose many gift shops offer no end of ravishingly beautiful, full color, luxury posters of paintings from their immense Art collection.
But there was one glitch in my anticipated solution to making the 125th Street windowless Harlem Rubber Room relatively inhabitable. Just recently one of the building custodians who is responsible for our Rubber Room, a gentleman named "Caesar", (no-you cannot make these things up), had informed the inmates that no person was to hang anything on our Rubber Room's pristine and glaringly barren walls, "under penalty of death", or worse still, having yet another charge added to his/her Official 3020-a Specifications, thus leading even more swiftly to that teacher's permamnent termination.
But it seems to me, coming from a long line of first rate lawyers, that there really is such a thing as "cruel and unusual punishment". Did not the United States Supreme Court issue such a finding just this very week? Are there not times and situations in Life when the punishment does not fit the crime and where the punishment imposed is so far in excess of what the alleged perpetrator, (in this instance- educators), deserves, that exception must be made lest our entire system of American Law become a mockery of Justice in the eyes of the entire civilized world.
So this past Friday afternoon, when all those teachers who are incarcerated in the 125th Street Rubber Room departed for the weekend, having more or less survived another week of "cruel and unusual/inhumane punishment", I put my survival plan into action.
I carefully unrolled the stunningly beautiful, large full color posters of paintings by Vincent van Gogh, Claude Monet, Paul Gauguin, et al which I had purchased at The Metropolitan Museum gift shop and proceeded to install the high quality prints on the barren, (nervous breakdown inducing) walls of the NYC DOE 125th Street Rubber Room.
I could hardly believe my tired Rubber Room eyes. Suddenly I felt I had been magicly transported to Southern France to a kinder, gentler, lovelier, more peaceful age. Each wall in that formerly drab and barren Rubber Room seemed to have come alive as if they now contained real windows, looking out on beautiful green cypress trees being kissed by the wind and blue skies and floating gardens punctuated with shimmering, iridescent water lilies of every imaginable kind and color. All the flora of the world greeted one's eyes as one turned his gaze from one Rubber Room wall to the next.
North, South, East and West, has suddenly been transformed into a world that a reassigned teacher could live in, and even survive in, and miracle of wonders, even thrive in as they waited for months or even years for their "Trials" to begin.
"Was it a vision or a waking Dream- fled is that Music. Do I wake or sleep." as a great poet once said.
But that was late Friday afternoon and early on Monday morning, Caesar and two uniformed Security Guards, assigned to be our full time "KGB like minders", will make the astounding discovery that an inmate of the 125th Street Rubber Room has done "the unthinkable". That one of the prisoners has taken it upon himself to make that NYC DOE gulag liveable- just as millions of detained prisoners in US prisons do all the time by hanging whatever it is they paste on their own prison cell walls.
Will Caesar and the NYC DOE uniformed Security Guards be so cold hearted and such unforgivable cultural Philistines as to remove the greatest glories of French Art from the walls of that formerly barren and "cruel and unusal punishment" windowless incarceration room?
And will Chancellor Joel Klein, Esq. and the NYC Dept/Board of Education decide that in addition to the already insane and preposterous charges already leveled against a former "Teacher of the Year", including SPECIFICATION 6, which violates the United States Constitution and The Bill of Rights, yet one more preposterous charge.
Shall I not save them the time and expense of paying high priced lawyers, (at tax payer expense), the trouble of drafting the new and additional charge against me, that of posting prints of famous paintings from The Metropolitan Museum of Art, on the walls of my/our prison cell.
ToWit:
SPECIFICATION X : Respondent, David Pakter, did knowingly and willfully, on or about October 26, 2007, cause a barren, drab, windowless, NYC DOE Rubber Room, (on the 6th floor of a building on 125th Street in Harlem), to become a moderately, liveable space in which to reside, six to seven hours per day, by posting and/or hanging on the four walls of that formerly cold and uninhabitable room, full color prints of famous and celebrated European paintings from the permanent collection of The Metropolitan Museum of Art in New York City.
__________________________________________________________________
David Pakter, M.A., M.F.A.
New York City, October 27, 2007
"Teacher of the Year", Decorated by Mayor Rudolph Giuliani in New York's City Hall
for "Exceptional Achievement in Education"
For further information see: http://www.uft.org/news/teacher/top/axed/
The movie has been long in the making and kudos to Five Boroughs Productions for being on the case before anyone else. The UFT gave them permission to film a discussion at an Executive Board meeting and they attended an ICE meeting to film one of our discussions. Check out their site at http://www.rubberroommovie.com/ where a trailer will be posted soon.
Also, see a report from the Harlem Rubber Room by David Pakter below Jeremy Garrett's as David refuses to remove Van Gogh prints he bought and hung to liven up a windowless, drab space. David will be at the UFT meeting on Tuesday, Oct. 30 and it should be a lively event.
We want to point out that while we remain skeptical, we support the attention being paid at long last to this issue by the UFT leadership, which all too often gave RR people the impression they felt they were guilty, giving one the sense the UFT only wanted to touch them with a 20 foot pole. Now that the mainstream press has picked up the story with some level of sympathy for a change (began when ICE's Jeff Kaufman's stint in the RR was featured in the NY Times and the NY Post), the UFT is trying to take the lead. They are welcome to the struggle and hopefully their advocacy and the pressure of the press will embarrass the DOE into changes.
Greetings Norm,
I have tried to contact the UFT in order to be granted permission to shoot at the Rubber Room Summit meeting that is taking place tomorrow (Tues, Oct. 30 at 4pm). I have e-mailed Randi Weingarten and spoken with [UFT Public Relations chief] Chris Policano but I have yet to receive a response.
Could you please post this notice on your blog to let people know that Five Boroughs Productions will be outside 52 Broadway tomorrow if we are not granted permission to shoot inside? We wish to speak with folks both before and after the meeting to address issues surrounding the Rubber Room and discuss what the UFT is finally doing to address the needs which are specific to reassigned teachers.
Obviously we are aware of the sensitivity surrounding reassignment, so we can grant anonymity to those individuals who have something to say but fear retribution.
Thanks for your continued support,
--
Jeremy Garrett
Executive Producer
Five Boroughs Productions
www.rubberroommovie.com
347-834-5206
Rubber Room Update from David Pakter
As of today it was ordered that the Metropolitan Museum Prints be removed from the prison like walls of the Harlem Rubber Room. I have refused to comply. Can you possibly get this IMPROVED VERSION published all over the universe tonight because Randi Weingarten is holding a special meeting at the UFT, tomorrow, Tues at 4 PM for all 700 prisoners of the various Rubber Rooms. I want as many members of the press and public AS POSSIBLE to know about the situation in the Harlem Rubber Room before that massive UFT meeting begins tomorrow at 4 PM. The order to remove the Van Gogh prints is totally "Arbitrary and Capricious" and intended to make the RR's as painful/oppressive/uncomfortable as possible.
LATEST- Breaking NYC DOE Education News
For Immediate Press Release - Monday, October 29, 2007
Attention: Museum Art Curators, UNESCO, Cultural Organizations Worldwide
The New York City Dept of Education "Art Police" Demand
Metropolitan Museum Vincent Van Gogh Prints Be Removed
From A New York City Dept. of Education "Rubber Room".
Is It Because the Flowers Are Nude?
Please see previous Press Release attached below.
_______________________________________________________
Regarding: The New York City Board/Dept. of Education
"From Inside the Harlem Rubber Room"
Open Letter To Chancellor Joel Klein, Esq.
Will A Teacher Be Charged With Hanging A Museum Poster?
____________________________________________
Picture a small room without windows or even a water cooler on the 6th floor of a nondescript government building on West 125th Street in Harlem in New York City. Now imagine that you cannot reach that floor without being accompanied by a uniformed Security Guard and that once you enter that small windowless room, you are greeted by two uniformed Security Guards with badges, shoulder patches and the whole nine yards.
Is this a secret FBI uptown office or a local branch of the Homeland Security Administration? Hardly. Just one of the ten, (going on one hundred, at the present rate of expansion), NYC DOE teacher "reassignment centers", better known as "Rubber Rooms". These are centers set up by the NYC Board of Education to warehouse teachers who the DOE, in their infinite wisdom, has decided should not be in a school setting.
Some may perhaps deserve to be removed from their schools. But more often than not a huge percentage of these "reassigned educators" end up there for political reasons. In short removed from their positions due to being Whistle-blowers or having some type of disagreement with their immediate supervisor about what is in the best interest of the children in their care and who they have a fiduciary obligation to nurture, educate and protect.
In the NYC Dept of Education those in charge expect teachers to accept the premise that you surrender your First Amendment Rights once you pass through a school's front door. Most NYC schools now have metal detectors which can detect when a student is attempting to smuggle a knife or a loaded pistol into a school building.
Presumably, the way things are going, the NYC Board of Education may soon be installing "First Amendment Rights" detectors at the entrance to every school building just to ensure that no teacher becomes audacious enough to believe that he/she can successfully get away with smuggling a "First Amendment Right" into a school.
But getting back to the business at hand, it must be said that the term "Rubber Room", referring to the padded holding rooms in hospital psychiatric wards, (for the incarcerated person's own protection of course), is a term that was never so appropriate and fitting, as it is used by the NYC Board of Education. In particular to the teacher Rubber Room in New York's Harlem, which is in a space so absolutely perfect, whether by intentional design or not, to get the incarcerated teachers there to sooner or later start feeling claustrophobic, utterly cut off from the world and hence likely to start bouncing off the walls, sooner or later, figuratively speaking.
And to think the NYC DOE totally forgot to install the obligatory Federally Approved rubber padding that rubber rooms are required by law to contain, permanently affixed to the walls with Federally Approved, non-toxic glue and/or other approved adhesive material.
I realized this past week, as I enter my second year as an inmate of the 125th Street Harlem Rubber Room, that those four barren walls, with no windows, were definitely beginning to play tricks on my brain. At times there were days when I was even beginning to think that Chancellor Joel Klein, Esq. and the NYC Dept of Education did not like me. Was I becoming paranoid? Or what? Maybe I really did belong in a Rubber Room, medically speaking.
But then I had to remind myself that two years before, the Director of the NYC DOE Medical Office had tried to advance such an idea by knowingly claiming I was medically "not fit for duty" only to later incur a massive degree of public humiliation when the City's own hand picked Final Binding Medical Arbitrator, quickly saw through the knowingly false claims of the NYC DOE Medical Office. In fact the NYC DOE was forced to compensate me a full year's salary plus interest for that very foolish indiscretion and the last I heard the Medical Director involved has taken a "leave of absence for 'personal reasons' ".
(Sadly, I have been informed, however, that this same DOE Medical Office is continuing to Railroad innocent teachers out of the system on knowingly false Medical claims. This will all be leading to a $ 30,000,000 Lawsuit in due course. The "Official Notice of Claim" has already been filed with three separate government offices).
But returning to the question of whether the Harlem Rubber Room was beginning to take a toll on its inhabitants, that thought alone was sufficient to make me realize I had better take action before I went over the edge and got sucked into a Black Hole in DOE inner or outer space from whence there is no escape, ever.
I made the decision that I either had to paint, (as an experienced artist, see www.OldMasterPortraits.com ) virtual windows on those four barren walls. Or else have real window frames installed, with built in flat screen monitors, continuously showing refreshing French Riviera scenes of gorgeous beaches with their foaming waves lapping at the sands or perhaps views of Venice with romantic gondolas, gracefully gliding by on azure waters.
But then common sense and a reality check rudely stepped in and made me realize that I might very well go over the edge long before I completed such an ambitious project. Then I recalled that my residence was just a two minute walk, (passing Mayor Michael Bloomberg's stately townhouse at 17 East 79th Street), from The Metropolitan Museum of Art, whose many gift shops offer no end of ravishingly beautiful, full color, luxury posters of paintings from their immense Art collection.
But there was one glitch in my anticipated solution to making the 125th Street windowless Harlem Rubber Room relatively inhabitable. Just recently one of the building custodians who is responsible for our Rubber Room, a gentleman named "Caesar", (no-you cannot make these things up), had informed the inmates that no person was to hang anything on our Rubber Room's pristine and glaringly barren walls, "under penalty of death", or worse still, having yet another charge added to his/her Official 3020-a Specifications, thus leading even more swiftly to that teacher's permamnent termination.
But it seems to me, coming from a long line of first rate lawyers, that there really is such a thing as "cruel and unusual punishment". Did not the United States Supreme Court issue such a finding just this very week? Are there not times and situations in Life when the punishment does not fit the crime and where the punishment imposed is so far in excess of what the alleged perpetrator, (in this instance- educators), deserves, that exception must be made lest our entire system of American Law become a mockery of Justice in the eyes of the entire civilized world.
So this past Friday afternoon, when all those teachers who are incarcerated in the 125th Street Rubber Room departed for the weekend, having more or less survived another week of "cruel and unusual/inhumane punishment", I put my survival plan into action.
I carefully unrolled the stunningly beautiful, large full color posters of paintings by Vincent van Gogh, Claude Monet, Paul Gauguin, et al which I had purchased at The Metropolitan Museum gift shop and proceeded to install the high quality prints on the barren, (nervous breakdown inducing) walls of the NYC DOE 125th Street Rubber Room.
I could hardly believe my tired Rubber Room eyes. Suddenly I felt I had been magicly transported to Southern France to a kinder, gentler, lovelier, more peaceful age. Each wall in that formerly drab and barren Rubber Room seemed to have come alive as if they now contained real windows, looking out on beautiful green cypress trees being kissed by the wind and blue skies and floating gardens punctuated with shimmering, iridescent water lilies of every imaginable kind and color. All the flora of the world greeted one's eyes as one turned his gaze from one Rubber Room wall to the next.
North, South, East and West, has suddenly been transformed into a world that a reassigned teacher could live in, and even survive in, and miracle of wonders, even thrive in as they waited for months or even years for their "Trials" to begin.
"Was it a vision or a waking Dream- fled is that Music. Do I wake or sleep." as a great poet once said.
But that was late Friday afternoon and early on Monday morning, Caesar and two uniformed Security Guards, assigned to be our full time "KGB like minders", will make the astounding discovery that an inmate of the 125th Street Rubber Room has done "the unthinkable". That one of the prisoners has taken it upon himself to make that NYC DOE gulag liveable- just as millions of detained prisoners in US prisons do all the time by hanging whatever it is they paste on their own prison cell walls.
Will Caesar and the NYC DOE uniformed Security Guards be so cold hearted and such unforgivable cultural Philistines as to remove the greatest glories of French Art from the walls of that formerly barren and "cruel and unusal punishment" windowless incarceration room?
And will Chancellor Joel Klein, Esq. and the NYC Dept/Board of Education decide that in addition to the already insane and preposterous charges already leveled against a former "Teacher of the Year", including SPECIFICATION 6, which violates the United States Constitution and The Bill of Rights, yet one more preposterous charge.
Shall I not save them the time and expense of paying high priced lawyers, (at tax payer expense), the trouble of drafting the new and additional charge against me, that of posting prints of famous paintings from The Metropolitan Museum of Art, on the walls of my/our prison cell.
ToWit:
SPECIFICATION X : Respondent, David Pakter, did knowingly and willfully, on or about October 26, 2007, cause a barren, drab, windowless, NYC DOE Rubber Room, (on the 6th floor of a building on 125th Street in Harlem), to become a moderately, liveable space in which to reside, six to seven hours per day, by posting and/or hanging on the four walls of that formerly cold and uninhabitable room, full color prints of famous and celebrated European paintings from the permanent collection of The Metropolitan Museum of Art in New York City.
__________________________________________________________________
David Pakter, M.A., M.F.A.
New York City, October 27, 2007
"Teacher of the Year", Decorated by Mayor Rudolph Giuliani in New York's City Hall
for "Exceptional Achievement in Education"
For further information see: http://www.uft.org/news/teacher/top/axed/
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