The NYC rubber room was a Department of Education holding site where tenured teachers accused of misconduct or incompetence reported each day, often for months or years, while their cases crawled through the state’s disciplinary process. At their peak, roughly 700 educators sat in these reassignment centers collecting full salaries with nothing meaningful to do. The city and the United Federation of Teachers agreed to close the rooms in 2010, but the hearing system that created the backlog is still in place, so reassigned teachers today still wait on full pay — now doing administrative work in an office instead of sitting in an open room.
How the Rooms Operated Until 2010
When the DOE received a serious complaint against a teacher, it could pull that person out of the classroom immediately. Instead of sending them home, the department directed them to one of several reassignment centers across the boroughs. Teachers sat in large open rooms alongside dozens of other reassigned educators, often with no assigned work. Some read books. Some played cards. Some simply waited. Cases could run months, and in extreme instances, several years before a hearing was scheduled.
The arrangement became a symbol of bureaucratic dysfunction. Teachers kept earning full salary and benefits the entire time, and the city had no mechanism to speed things up. By the time the rooms closed in June 2010, the annual salary-and-benefits cost for reassigned staff ran into the tens of millions of dollars. Both sides disliked the setup: the DOE could not quickly remove educators it believed were unfit, and teachers who were ultimately cleared watched their careers stall for years.
What Replaced Them in 2010
In April 2010, Schools Chancellor Joel Klein and the UFT announced an agreement to eliminate the rubber rooms. Starting that fall, reassigned teachers reported to school administrative offices and performed actual work while their cases moved forward. The city pledged to accelerate investigations and hearings.1NPR. NYC To Close Rubber Rooms For Teachers In Trouble
Under the current model, the DOE may assign a teacher under investigation to an administrative office or to non-classroom duties within a school. Typical tasks include filing, data entry, and other clerical support. Reassigned teachers cannot provide classroom instruction, run small-group tutoring, or take any role involving direct student contact.2United Federation of Teachers. Reassignment
The physical setup now resembles a standard office rather than a crowded open room. Site supervisors track attendance and daily check-ins. Teachers are generally barred from visiting their original school building or contacting staff and students connected to the investigation, which protects the integrity of pending cases.
Why a Teacher Gets Reassigned
Reassignment usually begins with a formal complaint about a teacher’s conduct or professional performance. A few categories account for most cases.
Corporal punishment allegations fall under Chancellor’s Regulation A-420, which defines corporal punishment as any act of physical force against a student for the purpose of punishment. The regulation distinguishes prohibited force from permissible contact, such as briefly redirecting a student for safety or breaking up a fight without using excessive force.3New York City Public Schools. Chancellor’s Regulation A-420 – Pupil Behavior and Discipline – Corporal Punishment Verbal abuse is handled under Chancellor’s Regulation A-421, covering demeaning language, slurs, and threats directed at students.4New York City Public Schools. Chancellor’s Regulation A-421 – Verbal Abuse
Criminal charges filed outside work can also trigger reassignment when the offense raises doubts about fitness to be around children. Financial misconduct, such as misuse of school funds or test-score tampering, falls here too. Pedagogical incompetence runs on a separate track: when a teacher receives repeated unsatisfactory ratings on formal classroom observations, the DOE can move toward removal based on teaching ability rather than personal misconduct.
The 3020-a Hearing That Follows
New York Education Law Section 3020-a governs how tenured public school teachers are disciplined. This statute is the reason rubber room cases took so long. Every tenured educator facing potential termination or serious discipline is entitled to a hearing under it.
The process starts when the DOE files written charges. Within five days, the employing board meets in executive session to determine whether probable cause exists to proceed. If it does, the teacher receives a formal written statement listing the specific charges, the maximum penalty the DOE will seek, and the teacher’s rights under the statute.5New York State Senate. New York Education Code 3020-A – Disciplinary Procedures and Penalties
An independent arbitrator, not a judge, presides. The UFT provides legal representation to its members at no out-of-pocket cost, funded through union dues. Both sides attend a pre-hearing conference to exchange witness lists, set a schedule, and narrow the issues in dispute.2United Federation of Teachers. Reassignment At the hearing, the DOE carries the burden of proof. Witnesses testify under oath and face cross-examination. Once the hearing closes, the arbitrator has 30 days to issue a written decision on each charge. For expedited hearings involving physical or sexual abuse allegations, the deadline tightens to 10 days.5New York State Senate. New York Education Code 3020-A – Disciplinary Procedures and Penalties
Charges cannot be brought more than three years after the alleged incompetence or misconduct occurred. The one major exception: if the conduct also constitutes a crime, the three-year cap does not apply.5New York State Senate. New York Education Code 3020-A – Disciplinary Procedures and Penalties
Possible Penalties
If the arbitrator finds the teacher guilty, available penalties include:
- A written reprimand placed in the teacher’s file.
- A fine deducted from future paychecks.
- Suspension without pay for a set period.
- Dismissal from employment.
The arbitrator can also order remedial measures instead of or in addition to these penalties, including mandatory counseling, medical treatment, continuing education, or a leave of absence. The decision binds both sides. If all charges are dismissed, the teacher may return to active duty immediately, though the DOE often assigns a cleared teacher to a different school.5New York State Senate. New York Education Code 3020-A – Disciplinary Procedures and Penalties
Pay and Benefits During the Wait
Reassigned teachers keep full salary and health benefits for the length of the process. Pension contributions and seniority continue to accrue as if they were still teaching. The legal reason is due process: until an arbitrator reaches a final determination, the DOE cannot strip pay or benefits.
Narrow exceptions exist. A teacher may be suspended without pay after pleading guilty to or being convicted of a felony involving the sale or possession of controlled substances, or a felony involving the physical abuse of a minor or student. For charges of physical or sexual abuse of a student brought on or after July 1, 2015, the DOE may suspend the teacher without pay pending an expedited hearing. Even then, suspension without pay cannot exceed 120 days from the board’s decision, and it affects only compensation; benefits remain intact.5New York State Senate. New York Education Code 3020-A – Disciplinary Procedures and Penalties
For everyone else, the paycheck continues until the case resolves. The 2010 reforms addressed the optics of idle teachers by assigning administrative work, but the underlying cost structure of paid reassignment is unchanged.
Probationary Teachers Are Not Covered
All of the above applies only to tenured teachers. Under New York law, public school teachers must serve a probationary period of four years and a day from their appointment date before earning tenure.6United Federation of Teachers. Tenure During probation, employment can be discontinued at any time on the superintendent’s recommendation and a majority vote of the board of education. No 3020-a hearing is required. No formal charges need to be filed. The district does not need to prove misconduct or incompetence.7New York State Senate. New York Education Law 2573 – Appointment of Assistant, District or Other Superintendents, Teachers and Other Employees
A probationary teacher not being recommended for tenure must receive written notice at least 60 days before the end of the probationary period, but a termination during probation can happen at any time without that lead time. The only real legal protection is that the termination cannot be based on a constitutionally impermissible reason, such as race, religion, or political speech, or done in bad faith, and the teacher carries the burden of proving bad faith in any challenge.7New York State Senate. New York Education Law 2573 – Appointment of Assistant, District or Other Superintendents, Teachers and Other Employees A probationary teacher who is let go does not sit in reassignment at all. The rubber room problem was a product of the tenure system’s protections.
After the Decision
A teacher who believes the arbitrator’s decision was fundamentally flawed can challenge it through an Article 78 proceeding in New York State Supreme Court. The court does not retry the case. It reviews whether the decision was arbitrary and capricious, affected by an error of law, procedurally defective, or unsupported by substantial evidence.8University at Buffalo School of Law. Article 78’s Courts generally defer to the arbitrator’s factual findings, so most 3020-a decisions stand.
Finalized discipline can also follow the teacher beyond New York. The NASDTEC Educator Identification Clearinghouse is a national database where all 50 states report adverse actions against educator licenses, including denial, revocation, suspension, and voluntary surrender. New York reports once the case is resolved and the results made public.9NASDTEC. NASDTEC Clearinghouse A reassignment on its own does not appear there; the Clearinghouse tracks only final licensing actions, so a teacher whose case is later dismissed has no entry in the national system.