Does the California Education Commission have jurisdiction to dismiss probationary teachers?

Education Code sections 13412-13414 do not expressly authorize the commission to hear cases other than those that concern tenured employees. Under the Education Code, teachers are classified as either permanent or probationary employees. 'In general, a teacher employed by a school district for three consecutive school years, . . . becomes a permanent employee at the commencement of the fourth school year. ( 13304.) During the three-year period, a teacher employed for a school year is a probationary teacher. ( 13334.)' (Turner v. Board of Trustees, 16 Cal.3d 818, 822, 129 Cal.Rptr. 443, 445, 548 P.2d 1115, 1117.) The code recognizes two kinds of dismissals of probationary teachers. First, the school district may at the end of the school year simply decide not to rehire a probationary employee for the following school year. ( 13443.) Or, second, the school district may make a discretionary dismissal, for cause, during the school year, which becomes effective immediately once notice has been given. ( 13442.) However, if the dismissal of the probationary employee is made during the school year, the dismissal must also be for cause.

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