Paulus

Appellant Gloria Paulus filed a petition for writ of mandate, seeking to compel respondents Board of Trustees of the Sequoia Union High School District (hereinafter Board) and the Sequoia Union High School District (hereinafter District) to classify her as a probationary teacher and to set aside her dismissal as an employee of respondent. The appeal is from the judgment denying the petition.

I

Appellant’s principal contention is that the circumstances under which she signed the employment contract in December 1974 mandated that she be classified as a probationary teacher, pursuant to controlling statutes, and that the statutory scheme cannot be circumvented by contractual agreement to the contrary.

We agree with appellant that the court’s conclusion that she was “bound by the terms of her contract and :. estopped to claim probationary status” is erroneous if the statutory scheme compels a “probationary teacher” classification under the facts of the hiring situation. Education Code section 13338.1 provides: “Except as provided in Sections 13406 [failure to demand hearing] and 13448 [terminated permanent employees], any contract or agreement, express or implied, made by…