The Rubber Rooms where teachers are forced to vegetate for indeterminate periods of time because they've been accused of a variety of crimes, some of them serious, but many of them mere misdemeanors in any other legal system, continue to flourish. Why?
Constitutional Law is the bedrock of our legal system. School Chancellor Joel Klein is fully aware of this since he once argued Constitutional Law in front of the Supreme Court. So, why does he flout the very same laws he once defended so well?
First, The Department Of Education, under his supervision, takes "Everyone is considered innocent until proven guilty" and stands it on its head. Everyone is guilty; no one is ever innocent. Teachers have gone through the normal legal system, have been found innocent, yet thrown back into the Rubber Room by the DOE. Is this fair? Is this justice? And what abut Double Jeapordy? Isn't there a Constitutional law concerning that? Klein, once the defender of Constitutional Law, now disregards them. The Constitution guarantees fundamental fairness, justice, and liberty. Why is Klein allowed to put himself above the law? There have been cases when arbitrators (the systems impartial(?) judges have decided in favor of a teacher and because the DOE didn't agree, the teacher was thrown back in the rubber room. The Klein Laws, are different from Constitutional Law. The Klein Laws don't care about the rights of the individual, they don't care "that a punishment must not by it's severity be degrading to human dignity," or in avoiding "a severe punishment that is inflicted in wholly arbitrary fashion." Klein rules the Rubber Rooms like a mean-spirited dictator, taking pride in destroying the lives of teachers. Hardly a proper role model for the children of this city.
The Klein Laws have two defenses.
One is a lie, the other is meant to prejudice the outsider. The first defends the system by insisting that all the teachers in the Rubber Rooms are damaged people who cannot be trusted around children. This was put forth by John Stossel on TV, and Klein himself promotes this myth by loudly advertising the worst cases. Now, this is an outright lie, and the fact that Klein's main defense is a lie, exposes the falsehood his entire system rests on.
Let's look at defense number two. It's not really a defense of the Klein Laws, but something to shutdown all complaints. The teachers in the Rubber Rooms are getting paid. Even the Union lawyers will use this when listening to complaints. "You're getting paid, aren't you?" The unspoken part of this statement is "So, shut up already." Taking this thinking a step further, if we give the prisoners on Guantanamo salaries, the question of torture need never come up. Right? Bush, like Klein, can just say sure there's questionable treatment going on, but hell, they're getting paid aren't they?
While we're on the subject of money. Many teachers are allowed back in the classrooms if they pay fines. Yes, these dangerous criminals that must be kept away from children at any cost, can return to the classroom for... $4,000, $8,000? Criminal Law calls this extortion.
EXTORTION: Extortion is a criminal offense whereby an individual obtains money, goods and services, or desired behavior from another by wrongfully threatening or inflicting harm to his person, property, or reputation. The property gained through extortion is handed over to avoid threatened force or harm. Extortion involves the victims consent, but the way it is gained is unlawful, and therefore the entire act is considered a crime. So, you want to return to the classroom? Just see the cashier on your way out of the Rubber Room.
Before signing off I have one last question: The Civil Liberties Union is nobly defending the possible terrorists in Guantanamo. Why aren't they also defending New York school teachers who are also trapped and are being treated unfairly and unjustly? Isn't the mistreatment of New York School teachers as important as the mistreatment of possible terrorists?
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