Here buried in the Title 14, Education section of Delaware Code…….


(a) It is an unfair labor practice for a public school employer or its designated representative to do any of the following:


(1) Interfere with, restrain or coerce any employee in or because of the exercise of any right guaranteed under this chapter.

(2) Dominate, interfere with or assist in the formation, existence or administration of any labor organization.

(3) Encourage or discourage membership in any employee organization by discrimination in regard to hiring, tenure or other terms and conditions of employment.

(4) Discharge or otherwise discriminate against an employee because the employee has signed or filed an affidavit, petition or complaint, or has given information or testimony under this chapter.

(5) Refuse to bargain collectively in good faith with an employee representative which is the exclusive representative of employees in an appropriate unit.

(6) Refuse or fail to comply with any provision of this chapter or with rules and regulations established by the Board pursuant to its responsibility to regulate the conduct of collective bargaining under this chapter.

(7) Refuse to reduce an agreement, reached as a result of collective bargaining, to writing and sign the resulting contract.

(8) Refuse to disclose any public record as defined by Chapter 100 of Title 29.


If you are a public employee, who has faced any type of personal intimidation, subtle or otherwise, you are fully protected by law if you complain… They may still fire you illegally, power being what power does, but the courts ultimately will decide in your favor and make all the stress monetarily worthwhile… Maybe you can even retire in Costa Rica… Wouldn’t that be nice.

If you are a public employee who has faced personal intimidation, either perceived or otherwise, here is your first contact….

Your best bet would be to copy Rep. John Kowalko when you discuss your predicament with your legislator… You are protected by law…  Which means, if you sincerely feel that opting out of the Smarter Balanced Assessment is the best option for parents to take in order to insist on the changes needed to fully improve our educational system, then you are protected if you communicate your objections directly to your students in order to have passed on to their parents….

The Smarter Balanced Assessment is this century’s colossal mistake:  our equivalent of Prohibition…. Let us hope it doesn’t take 10 years for its repeal… Especially since instead of being socially neutral, it is actually abusive to those children who become ground up and left for dead over such extreme, unnecessary expectations.