Teacher Sues Over Exile, Says Principal Retaliated;
Banished to 'Rubber Room'
By DAVID SIMS

Kimani Brown, a special education Teacher who was banished to a "Rubber Room" from Frederick Douglass Academy IV in Bedford-Stuyvesant, Brooklyn, has filed a lawsuit against the Principal who dismissed him, alleging slander and the violation of the state whistleblower law.

The Chief-Leader/Alana Marcu 'STOOD UP FOR HIS STUDENTS': Kimani Brown was hit with disciplinary charges last year after he questioned his Principal's decisions on class size and instructional policies, leading United Federation of Teachers President Randi Weingarten to assert that his only offense was to have 'the nerve to stand up for his students.'

Mr. Brown, who filed his suit at the behest of the United Federation of Teachers, was the union's representative at the middle school, where he taught special education from 2005 until 2008. Although he says he initially was on good terms with Principal Marian Bowden, who in 2006 described him as a "wonderful asset [to the school]" in his personnel file, the relationship deteriorated over disagreements on class size, services for Special Education students, and school budget priorities.

'Clear Case of Retaliation'

Ms. Bowden first relieved Mr. Brown of his academic intervention service duties, then reassigned him to a "rubber room" on May 21. These detention rooms have become notorious as places where Teachers languish for up to eight hours a day doing nothing while earning their full salaries.

"This is a clear case of a principal retaliating against an educator who had the nerve to stand up for his students," said UFT President Randi Weingarten in a statement. "This principal needs to understand her role should be that of a leader, not a bully or tyrant."

Ms. Bowden's union, the Council of School Supervisors and Administrators, declined to respond because of the pending lawsuit.

In the lawsuit, Mr. Brown alleges that Ms. Bowden systematically stripped Mr. Brown of his duties as chapter leader and special educator after he expressed concerns about improvements he believed were needed at the school. Among the issues he raised was Ms. Bowden's use of "extended time" for slower students for whole classrooms rather than small groups, increased segregation of students with disabilities and the lack of state-mandated counseling sessions for disabled students.

Ms. Bowden then scheduled a disciplinary hearing for Mr. Brown, which she called off when he arrived with UFT representation. A later arbitration ruled that Ms. Bowden's use of "extended time" was illegal and that Mr. Brown's complaint was legitimate, which exacerbated discord between the two further, according to his lawsuit.

Dispute on OT Filings

The apparent final straw came in a disagreement over Ms. Bowden's expansion of "per-session" work, outside regular teaching duties at overtime pay, for the Teachers. She allegedly instructed her secretary, Sharon Randolph, to sign virtually any per-session report from a Teacher, with some of them submitting unusually large amounts of hours, including for work done during the normal school day. Mr. Brown raised concerns about this with Ms. Randolph, which Ms. Bowden later learned of.

When Mr. Brown later submitted per-session reports with Ms. Randolph's signature on them, Ms. Bowden denied ever having authorized such an arrangement and accused Mr. Brown of "grand theft." Ms. Bowden allegedly continued to privately contend that Mr. Brown had attempted to steal money from the school.

Mr. Brown was eventually removed from Frederick Douglass Academy IV on charges of unbecoming conduct, insubordination, and neglect of duty. Mr. Brown believes that he was dismissed because of the objections he raised regarding Ms. Bowden's running of the school. Ms. Weingarten said that the UFT would fight to have Mr. Brown reinstated and have his personnel file expunged of any disciplinary charges.