Christine Rubino, the teacher who was fired for saying on Facebook she'd like to see her "devil spawn" fifth grade students drown, got a break yesterday. Kind of. A Department of Education arbitrator has suggested that instead of being canned, Rubino should be treated as having been on a two-year suspension (without pay). But Rubino, who still wouldn't be back in the classroom in the fall, is reportedly going to appeal the decision.

Back in 2010, Rubino got in hot water after a conversation she had on Facebook was made public. "After today, I am thinking the beach sounds like a wonderful idea for my 5th graders! I HATE THEIR GUTS!" she wrote. When a friend replied "Wouldn't you throw a life jacket to little Kwami?" she just made things worse by retorting "No, I wouldn't for a million dollars." (For context, this was just after 12-year-old Nicole Suriel drowned on a school trip to the beach). She also reportedly called her students "the devil's spawn." Rubino was soon fired after a hearing officer found that she was guilty of "misconduct, neglect of duty and conduct unbecoming her profession."

Rubino appealed the decision and Manhattan Supreme Court Justice Barbara Jaffe later overturned the termination as too harsh since the comments were made outside of school, after hours, and among her adult friends. But now an arbitrator, Randi Lowitt, has "rejected the teacher’s request for back pay and to return to her classroom in the fall." Lowitt did, however, allow the termination to be changed to a suspension, saying the penalty is "based on the lie" that Rubino allegedly tried to have a friend take the fall for the Facebook postings (which she still denies).

Rubino is planning to appeal again, arguing that a two-year suspension without pay is a loss of nearly $150,000 for the teacher who says she has "suffered enough." If only she'd worked for the Brooklyn DA, none of this would have been a problem.