NDAs and Their Use in School Districts

Public school districts often face a difficult challenge: protecting student privacy while remaining transparent with the public. An analysis found that a small number of districts use legally binding nondisclosure and non-disparagement agreements as a way to safeguard sensitive student information. These agreements can restrict employees from discussing topics such as student performance data or personally identifiable details, and may also limit what former employees can say about the district.

While such agreements are common in the corporate world to protect proprietary information, some legal professionals argue they may be excessive in educational settings. For example, they may suppress important information and reduce accountability.

In one instance, a former school district employee publicly questioned the use of nondisclosure agreements during a board meeting. The individual claimed the agreements were being used to limit communication with leadership and declined a financial settlement that required signing such a document. The situation sparked public debate, with community members calling for greater transparency while district officials defended the agreements as reminders of existing legal obligations under student privacy laws.

Although nondisclosure agreements are not widely used in K–12 education, their presence raises important legal and ethical questions. Some experts caution that even proposing these agreements can create a culture where employees feel discouraged from reporting concerns. Others note that many of the protections outlined in these agreements already exist under federal laws governing student privacy, meaning they may not provide additional safeguards.

Supporters argue that these agreements can reinforce employees’ responsibilities, particularly when handling sensitive information or resolving employment disputes. In some cases, they are included in separation agreements and may limit future legal claims against the district.

Confidentiality agreements, which are more commonly used, differ from nondisclosure agreements and are often signed at the start of employment. However, they do not always clearly define what information is considered confidential, which can create uncertainty and potential risk for employees.

Survey data suggests that the vast majority of school administrators report no use of nondisclosure agreements in their districts. Still, in the minority of districts where they are used, certain roles, such as school leaders or teachers, may be required to sign them. Their use also appears more common in higher-poverty districts.

State laws can shape how these agreements are used. In some places, public institutions are restricted from using confidentiality agreements in cases involving employee misconduct that affects student safety. Even where such agreements are permitted, they may be narrowly limited.

Learn More About Non-Disclosure Agreements

While non-disclosure agreements are commonly used in employment situations, it is important to understand their use in other environments that have access to personal information, such as schools. It is also important to make sure these agreements are not overly limiting.

Orlando non-disclosure & confidentiality agreement lawyer B.F. Godfrey from Godfrey Legal can help you review and draft such an agreement and ensure it is enforceable. To schedule a consultation, call (407) 890-0023 or fill out the online form.

Source:

edweek.org/leadership/inside-school-districts-use-of-ndas-and-why-legal-experts-warn-caution/2024/10