CHAPTER 449

FORMERLY

SENATE BILL NO. 429

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 14, TITLE 14 OF THE DELAWARE CODE RELATING TO THE TERMINATION OF TEACHERS AT THE END OF A SCHOOL YEAR AND CHAPTER 17, TITLE 14 RELATING TO STATE APPROPRIATIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 14, Chapter 14, Section 1403(b) of the Delaware

Code by striking said subsection in its entirety.

Section 2. Amend Title 14, Chapter 14, Section 1410 of the Delaware Code by redesignating what is now Section 1410 as Subsection (a) of §1410, and adding the following as subsection (b) of §1410:

"(b) A teacher who has not completed three (3) years of service in the State and/or has not completed two (2) years in the employ of the terminating board may, within seven (7) days of receiving notice of intention to terminate services, request in writing, the reason(s) for such notice. The board will provide such reason(s) in writing and a copy of this Chapter no later than five (5) days after receipt of such a request, provided that the stated reason(s) 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(s), the board is not limited to the reasons set forth in §1411 of this Chapter. Within seven (7) days of receiving the reason(S) 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(s) and attempting to resolve any disputed matter. Within ten (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."

Section 3. Amend Title 14, Chapter 17 of the Delaware Code by striking the existing §1717(e) in its entirety and substituting in lieu thereof a new §1717(e) to read as follows:

"§1717(e). Personnel employed pursuant to this section shall be

covered by Chapter 14 of this Title, if such personnel qualify for coverage under §1403(a). In determining length of service for the purposes of Chapter 14 of this Title, employees who heretofore have been excluded from coverage under Chapter 14 of this Title shall receive credit for all service to the state and to the current employing school district."

Section 4. Amend newly designated §1410(a), Chapter 14, Title 14, Delaware Code by striking the words "1st day of May as they appear in the first sentence thereof and substituting in lieu thereof the following: "15th day of May".

Section 5. Sections 3 and 4 of this Act shall become effective in each

school district upon the effective date of any subsequently negotiated agreement to the agreement in effect on the effective date of this Act unless the parties to a current negotiated agreement agree to such changes prior to the effective date of such subsequently negotiated agreement.

Approved July 21, 1994,