In Cousins v. Weaverville Elementary School Dist. (1994) 24 Cal. App. 4th 1846, the school district decided to terminate Cousins, a probationary employee, for economic reasons. However instead of relying on section 44955, the school district, in an effort to save time and money, decided to terminate Cousins under section 44929.21. Cousins filed a petition for writ of mandate contending the school district erred when it terminated her under section 44929.21 rather than 44955 because the result was that she was deprived of statutory rights to which she would have been entitled under section 44949. The trial court disagreed and dismissed the petition. Cousins appealed and the appellate court reversed explaining that under the circumstances presented, "section 44929.21 is qualified by sections 44955 and 44949. A school district may elect not to retain a probationary employee and need not assert a reason for termination but where, as here, it is undisputed that termination was prompted by the conditions described in section 44955 . . . then a school district is obliged to provide the procedural protections prescribed by section 44949." (24 Cal. App. 4th at p. 1854.)