NDAs for parents to enter schools are unconstitutional: Free speech attorney
A mother was initially barred from enrolling her child in a Texas public school for refusing to sign a non-disclosure agreement, leading to the document being rescinded.
A public school in Texas initially barred a mother from entering after she refused to sign a non-disclosure agreement.
Amber Longacre said she was attempting to enroll her child into Kitty Hawk Middle School, part of the Judson Independent School District, when she was given an iPad with an NDA to sign upon entering the building, the Daily Caller first reported. The NDAs were removed from the sign-in process after Longacre brought it to the district's attention, a spokesperson told Fox News in a statement.
"I shared my story because I want to encourage other parents to speak up when something seems off," Longacre told Fox News. "There is no way to know how many parents signed the NDA without asking any questions."
NDAS FOR PARENTS TO ENTER SCHOOLS ARE UNCONSTITUTIONAL: FREE-SPEECH EXPERT
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"This non-disclosure agreement is almost certainly unconstitutional," Aaron Terr, the director of public advocacy at the Foundation for Individual Rights and Expression, told Fox News after the NDA was rescinded.
The district spokesperson told Fox News the NDA was a "default document" in their visitor check-in system.
"Once we were made aware of the concern, we reviewed the document and agreed that this document, which seeks to keep proprietary business information confidential, does not apply to the public-school setting," the spokesperson said in a statement.
Aaron Terr said NDAs are typical for large companies but not for public schools. (iStock / Getty Images)
Terr said NDAs — which are used to prevent a signee from talking about information they learn in a certain setting — don't belong in a school.
"It seems like in this situation, what the school district was trying to do was prevent parents, when they enter the school building, from talking about certain information that they learned while on the premises outside of the school," he said. "I've never seen this type of agreement in this context."
Longacre’s attorney, Janelle Davis, said she has no reason to believe the Texas school district isn't telling the truth but still submitted a public information request regarding the system.
Judson Independent School District required this NDA for visitors entering until Amber Longacre raised concerns. (Amber Longacre )
Terr called the NDA's "bizarre," saying that it reads more like a document for Microsoft or another large company.
"It talks about protecting proprietary information and evaluating a potential business relationship, which seems like a bit of an odd fit for the parent-school relationship," he said.
Davis said she has only heard of other public school districts implementing NDAs for specific situations, such as parents serving on book review communities, but not "just to set foot on the campus."
The district notified Davis in a letter obtained by Fox News that all prior NDAs signed by parents were revoked.
Aaron Terr, the director of public advocacy at the Foundation for Individual Rights and Expression, talked to Fox News. (Fox News Digital)
"Now that Judson ISD has acknowledged the error and removed the NDA from the system, Ms. Longacre does not plan to take additional action," Davis said. "That is what we wanted."
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"We have to be more vigilant when it comes to issues related to our children," Longacre said. "I am grateful that Judson ISD recognized the error and removed the NDA from their visitor management system and look forward to a good school year."
Terr applauded the removal of the NDA, claiming it would not hold up under the First Amendment.
"It's hard to view this as anything other than a result of bad motivations, like an attempt to muzzle parents and force them to remain silent about certain school related issues and information," Terr said.
"It's not Las Vegas," he added. "What happens in the school does not have to stay inside the school, and parents have every right to talk about whatever things that they see in the school."
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