Delaware Code

14 Del. C. § 1005 (2026)

Employee’s right to fair dismissal; seniority

✓ current as of May 2026
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Nothing in this chapter shall be deemed to alter or affect in any way either Chapter 14 of this title or the right to terminate the employment of any school employee to whom Chapter 14 of this title does not apply, for cause or for any other reasons not inconsistent with the purpose of this section, except that, for purposes of § 1403 of this title, a teacher as defined in § 1401 of this title who is and has been continuously employed among a district created by a division under § 1028(k) of this title, the district divided under § 1028(k) of this title and 1 of its component former school districts shall be deemed to have been continuously employed by the new district to which that teacher has been assigned for the entire term of that teacher’s continuous employment in the several school districts.

14 Del. C. 1953, §  1005;  56 Del. Laws, c. 292, §  661 Del. Laws, c. 210, §  162 Del. Laws, c. 351, §  670 Del. Laws, c. 186, §  1
Notes of Decisions
Cited in 2 cases, 1974–1975 · leading case: Evans v. Buchanan, 393 F. Supp. 428 (D. Del. 1975).
Evans v. Buchanan, 393 F. Supp. 428 (D. Del. 1975). · cites it 2× “14 Del.C. § 1005. The key reorganization provisions of the Act provided an exemption of approximately one year from the long-standing requirement in Delaware law that consolidation of contiguous school districts must be approved by a referendum in each of the districts affected.”
Evans v. Buchanan, 379 F. Supp. 1218 (D. Del. 1974). · cites it 2× “See 14 Del.C. § 1005. This was done at a time when many schools in Wilmington continued to be identifiable as black schools and most schools in the surrounding New Castle County continued to be identifiable as white schools.”
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