Matter of Gerstein v. Board of Education, 46 N.Y.2d 370 (1978)

When a board of education abolishes positions, terminations must be made based on seniority within the specific tenure area of the abolished position, not total service within the school system, provided the board has consistently treated the position as a separate tenure area.

Summary

Elementary school guidance counselors were laid off by the New York City Board of Education due to budget cuts. They challenged the seniority formula, arguing that total service within the school system should have been considered, not just time spent as guidance counselors. The court held that the board properly considered guidance counseling as a separate tenure area, and terminations were appropriately based on seniority within that specific area. The court emphasized that the Board of Education’s established practices and the counselors’ own actions supported the existence of guidance counseling as a distinct tenure area.

Facts

Due to significant budget reductions, the New York City Board of Education laid off approximately 409 guidance counselors. The board used an