Carroll superintendent says non-disparagement agreements won’t be in 2023-24 contracts
On the same day that Carroll school district officials were warned that non-disparagement clauses in employees’ contracts would likely violate the First Amendment, the superintendent sent a letter to employees, stating that the agreements won’t be used as reasons for termination or non-renewal.
On May 13, Carroll Superintendent Lane Ledbetter and school board members received an emailed letter from the Rutherford Institute, a nonprofit civil liberties organization based in Charlottesville, Virginia.
The letter stated that Carroll could face court challenges over the non-disparagement clauses, which prohibited employees from criticizing the district and its employees, but did not prevent them from commending or praising the district.
Also on May 13, Ledbetter sent a letter to Carroll employees which said that the non-disparagement clauses would not be used as grounds for termination or non-renewal of employee contracts.
The Rutherford Institute forwarded an email from Ledbetter to the Star-Telegram which included a response to the nonprofit’s warning, and a copy of a letter sent to school district employees on May 13.
“It appears that I was in the process of sending the notification to staff around the same time that you sent your inquiry,” Ledbetter wrote to the institute. “I am confident this will resolve your concern.”
In his letter to employees, Ledbetter said, “I recognize that section 11 could be perceived by some as limiting an employee’s First Amendment rights, and I want to ensure that every teacher feels empowered to speak transparently with leadership at Carroll ISD at any time regarding any issue.
“As the Superintendent of Schools I am responsible for approving any termination, suspension, or non-renewal of an employee’s contract. I commit to you that I will not utilize section 11 as the basis for any termination, suspension, or non-renewal of any contract during the 2022-2023 school year. That provision will not be included in the 2023-2024 contracts.”
The letter went on to say that Ledbetter wants to hear from teachers and staff and that he will provide an avenue for open communication.
The Rutherford Institute sent a response to Ledbetter, which said the district should remove the non-disparagement clause from the current contracts to alleviate concerns that employees could be punished for exercising their First Amendment rights.
“Rather than forcing employees to operate under the uncertainty of a handshake-understanding that their First Amendment rights will be respected, it would be far better for the District to formally modify the 2022-2023 contracts by striking or removing the non-disparagement clause to assure employees in writing that the District will not seek to punish them in any way for exercising their constitutional rights to freedom of speech.”
