Hunt

Appellant, a credentialed school teacher, petitioned for writ of mandate to compel respondent school district to advance him one step on the salary scale and to pay additional compensation for past years. Demurrer to his petition was sustained without leave to amend, the case , was dismissed, and plaintiff appeals.

The plan of the Alum Rock Union Elementary School District is expressed in a statement of salary policy. It provides for annual increments of salary, between a minimum and a maximum, on condition that the employee have been on duty at full pay for a minimum of 75 percent of the California school year, referred to as “a year of experience.” But exceptions to the requirement of performance is made for certificated employees who are granted military leave or sabbatical leave.

Plaintiff was not on duty 75 percent of the school year, because he was on sick leave. He had hepatitis. He contends that respondent’s salary policy conflicts with the Education Code and denies equal protection of the laws.

A school district may not prescribe or enforce a rule which is inconsistent with state law. (Ed. Code, § 925.) But within the limits defined by that code, a school…