Delaware Code

14 Del. C. § 1410 (2026)

Notice of intention to terminate services

✓ current as of May 2026

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(a) In the event that any board desires to dispense with the services of any teacher, such board shall give notice in writing to such teacher on or before May 15 of any year of its intention to terminate said teacher’s services at the end of such school year. For teachers identified pursuant to § 1403(a)(1), (a)(2), (a)(3) or (d) of this title, such written notice shall state the reasons for such intended termination of services and shall be accompanied by a copy of this chapter; provided, however, that this requirement shall not apply to those teachers employed temporarily to replace professional personnel on leave of absence or those holding temporary certificates.

(b) Teachers other than those identified pursuant to § 1403(a)(1), (a)(2), (a)(3) or (d) of this title may, within 7 days of receiving notice of intention to terminate services, request in writing, the reason or reasons for such notice. The board will provide such reason or reasons in writing and a copy of this chapter no later than 5 days after receipt of such a request, provided that the stated reason or reasons must have either been contained in the teacher’s performance appraisal, and the teacher was provided time to correct any deficiency through an individualized improvement plan or other documented materials properly placed in the teacher’s personnel file prior to said notice. In providing the reason or reasons, the board is not limited to the reasons set forth in § 1411 of this title. Within 7 days of receiving the reason or reasons for the notice of intention to terminate services, a teacher may request in writing a conference with the board’s superintendent for the purpose of discussing the reason or reasons and attempting to resolve any disputed matter. Within 10 days of receiving such a request for a conference, the superintendent shall personally provide the teacher a conference to review the matter. The conference with the superintendent is final and conclusive. The provisions of this subsection shall not apply to teachers employed temporarily to replace professional personnel on leave of absence or to teachers holding temporary certificates.

14 Del. C. 1953, § 1410; 50 Del. Laws, c. 39, § 1; 58 Del. Laws, c. 270; 69 Del. Laws, c. 449, §§ 2, 4; 77 Del. Laws, c. 459, §§ 2-5; 83 Del. Laws, c. 282, § 3;

Notes of Decisions

Cited in 6 cases, 1971–2006 · leading case: Wilcoxon v. Red Clay Consol. Sch. Dist. Bd. of Educ., 437 F. Supp. 2d 235 (D. Del. 2006).

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Wilcoxon v. Red Clay Consol. Sch. Dist. Bd. of Educ., 437 F. Supp. 2d 235 (D. Del. 2006). · cites it 7× “Plaintiffs Wrongful Termination Claim Plaintiff bases his wrongful termination claim on defendant District’s alleged failure to comply with 14 Del. C. § 1410(b). 22 Under the statute, a school board’s reasoning for terminating a nontenured teacher must be based on the teacher’s…”

Morris v. Bd. of Educ. of Laurel Sch. Dist., 401 F. Supp. 188 (D. Del. 1975). “14 Del.C. § 1410. Arguably, the Delaware statutory law precludes a public school board from limiting its discretion where renewals of non-tenured teachers are concerned.”

New Castle-Gunning Bedford Educ. Ass'n v. Bd. of Educ., 421 F. Supp. 960 (D. Del. 1976). “” 16 This notice of non-renewal and the timing thereof were required by both 14 Del.C. § 1410 which provides in part: “In the event that any board desires to dispense with the services of any teacher, such board shall give notice in writing to such teacher on or before the 1st…”

Pierson v. De La Warr Sch. Dist., 282 A.2d 656 (Del. Ch. 1971). “Board had met on May 26 and decided, (a) not to proceed further with year-end termination of his employment under 14 Del. C. § 1410, (b) pursuant to 14 Del.”

Boyce v. Alexis I. Dupont Sch. Dist., 341 F. Supp. 678 (D. Del. 1972). “14 Del.C. § 1410. By implication, unless a teacher receives a notice conformable to the statute, his employment must be continued the following year.”

Newman v. Bd. of Educ. of the Mt. Pleasant Sch. Dist., 325 A.2d 387 (Del. Ch. 1974). “14 Del.C. § 1410. In short, the General Assembly has made it clear that the rights of a nontenured teacher, are severely limited when compared with those of a tenured teacher, and his opportunity for continued employment is left to the judgment and discretion of the employing…”

— 14 Del. C. § 1410(b) — 1 case

Wilcoxon v. Red Clay Consol. Sch. Dist. Bd. of Educ., 437 F. Supp. 2d 235 (D. Del. 2006). “Plaintiffs Wrongful Termination Claim Plaintiff bases his wrongful termination claim on defendant District’s alleged failure to comply with 14 Del. C. § 1410(b). 22 Under the statute, a school board’s reasoning for terminating a nontenured teacher must be based on the teacher’s…”

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