Del. C. » Title 14 — Free Public Schools · CHAPTER 14. Procedures for the Termination of Services of Professional Employees · Education
Delaware Code

14 Del. C. § 1401 (2026)

Definitions

✓ current as of May 2026
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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; 
Notes of Decisions
Cited in 5 cases, 1972–1976 · leading case: Sedule v. Capital Sch. Dist., 425 F. Supp. 552 (D. Del. 1976).
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Sedule v. Capital Sch. Dist., 425 F. Supp. 552 (D. Del. 1976). · cites it 7× “The plaintiff next argues that his dismissal was carried out in violation of 14 Del.C. § 1401 et seq., because there was no rational nexus between his conduct and his job performance and because he was denied a fair hearing.”
Morris v. Bd. of Educ. of Laurel Sch. Dist., 401 F. Supp. 188 (D. Del. 1975). · cites it 3× “Apparently reflecting a legislative judgment that personnel matters are best handled at the local level, the local districts are vested with the authority to appoint personnel, 14 Del.”
Hayes v. Cape Henlopen Sch. Dist., 341 F. Supp. 823 (D. Del. 1972). “See 14 Del.C. §§ 1401 et. seq. The procedures require notice and establish hearing and appeal processes in which the reasons for dismissal are to be set forth.”
King v. Caesar Rodney Sch. Dist., 396 F. Supp. 423 (D. Del. 1975). “14 Del.C. § 1401 et seq. Appeal by a teacher from dismissal is not to any state administrative agency but rather directly to the Superior Court.”
Leone v. Kimmel, 335 A.2d 290 (Del. Super. Ct. 1975). · cites it 2× “The Court held that the provisions of 14 Del.C. § 1401 et seq., which sets out procedural and hearing requirements which must be met to properly terminate the employment of a public school teacher, were not applicable to the separate contracts for coaching athletic teams.”
— 14 Del. C. § 1401(2) — 1 case
Sedule v. Capital Sch. Dist., 425 F. Supp. 552 (D. Del. 1976). “The plaintiff next argues that his dismissal was carried out in violation of 14 Del.C. § 1401 et seq., because there was no rational nexus between his conduct and his job performance and because he was denied a fair hearing.”
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