Sapphire v. Board of Education

Weinstein, J.,

dissents and votes to reverse the judgment and dismiss the proceeding on the merits, in the following memorandum: In November 1977, petitioner, who was at that time a full-time tenured elementary school teacher, started work as a “half-time” guidance counselor at the elementary school where she taught. From November, 1977 until June, 1978, petitioner split her full-time duties equally between her positions as a half-time guidance counselor and a half-time elementary teacher. In June, 1978, petitioner was notified that, as the least senior teacher in the elementary tenure area,…