New York Court of Appeals
Bernice Steele v. Board of Education of the City of New…
July 6, 197640 N.Y.2d 456
Summary
The New York Court of Appeals held that elementary school guidance counseling is a distinct tenure area and upheld the Board of Education's seniority formula that counts only service as a guidance counselor; it dismissed the petitions and answered the certified questions negatively. Justice Fuchsberg, in a partial concurrence and dissent, argued that seniority should be based on total system service and would have required a different seniority calculation.