2011 Delaware Code
Title 14 - Education
CHAPTER 14. PROCEDURES FOR THE TERMINATION OF SERVICES OF PROFESSIONAL EMPLOYEES
Subchapter I. General Provisions

TITLE 14 Education Free Public Schools CHAPTER 14. PROCEDURES FOR THE TERMINATION OF SERVICES OF PROFESSIONAL EMPLOYEES Subchapter I. General Provisions

§ 1401. Definitions.

As used in this chapter:

(1) "Board" means a board of education of a reorganized school district.

(2) "Teacher" means any certificated professional employee of a public school district. It shall not include a person employed as assistant principal, principal, supervisor, administrative assistant, director, assistant superintendent or superintendent; except that any such person who has completed 3 years of service in the State, 2 years of which shall have been in the employ of the same board, may at that person's own option elect to be assigned as a teacher in the employ of said board.

14 Del. C. 1953, § 1401; 50 Del. Laws, c. 39, § 1; 56 Del. Laws, c. 64; 57 Del. Laws, c. 113; 57 Del. Laws, c. 263, § 1; 66 Del. Laws, c. 255, § 1; 70 Del. Laws, c. 186, § 1.;

§ 1402. Formal communications.

All formal communications between the teacher and the terminating board provided for in this chapter shall be by certified mail, with a return receipt requested.

14 Del. C. 1953, § 1402; 50 Del. Laws, c. 39, § 1; 75 Del. Laws, c. 18, § 1.;

§ 1403. Application of chapter.

(a) Except as set forth in subsection (b) of this section, the provisions set forth in §§ 1411, 1412, 1413 and 1414 of this title, covering reasons for termination, notice of termination, hearings before a board and judicial review, shall apply to all teachers:

(1) Who began teaching in a Delaware public school prior to the end of the 2009/2010 school year and have completed 3 years of service in the State, 2 years of which shall be in the employ of the terminating board; or

(2) Who began teaching in a Delaware public school after the conclusion of the 2009/2010 school year and has completed at least 3 years of service in the State, at least 2 of which are in the employ of the terminating board, provided that said teacher has received at least 2 years of "Satisfactory" ratings in the "Student Improvement" component of the teacher appraisal process (established pursuant to § 1270 of this title) within a 3-year period. The 2 "Satisfactory" ratings need not be consecutive and the requirement for "Satisfactory" ratings need only be satisfied once in order for the provisions of §§ 1411 through 1414 of this title to apply.

(b) The provisions set forth in §§ 1411, 1412, 1413 and 1414 of this title shall not apply to teachers employed temporarily to replace professional personnel on leave of absence or to teachers holding temporary certificates.

(c) Time spent in military service shall not be counted as years of service for purposes of this chapter.

14 Del. C. 1953, § 1403; 50 Del. Laws, c. 39, § 1; 55 Del. Laws, c. 80, §§ 1, 2; 57 Del. Laws, c. 529; 69 Del. Laws, c. 449, § 1; 77 Del. Laws, c. 459, §§ 1, 2.;