Cox v. LAUSD

Cox v. LAUSD (2013) 218 Cal. App. 4th 1441
Erica Cox, a former non-reelected teacher, claims that she became a permanent employee of the District the first day she worked in the 2009-2010 school year.  The District refuted that claim on the grounds that Ms. Cox was a second year probationary teacher because her service during the 2008-2009 school year did not constitute a “good” year for purposes of acquiring tenure.  Petitioner was on a leave of absence for two months during the 2008-2009 school year, and when combined with other absences were a few days short of 75% statutory service requirement to constitute a good year.  The District non-reelected Cox after the 2009-2010 school year.  Ms. Cox claimed that the non-reelection was improper because she was already a permanent employee.


On January 23, 2012, the Los Angeles Superior Court issued a ruling in the matter finding that Ms. Cox did not serve 75% of the 2008-2009 school year.  The Court also held that Cox could not tack on the days she claims to have worked while on leave or the “Z-time” extra duty hours she worked upon her return from leave.  The Court held that the District’s action to non-reelect Ms. Cox at the end of the 2008-2009 school year was valid.


Ms. Cox appealed to the California Court of Appeal.  On July 23, 2013, the California Court of Appeal upheld the District’s action.  The Court found that the District complied with the statutory classification scheme and properly non-reelected Ms. Cox because she only worked 74.7% in her second probationary year.