16. a. As used in this section:
“Non-disclosure agreement” means an agreement between the board of trustees of a charter school and an employee of the charter school arising out of an existing or anticipated employment relationship, or an agreement between the board and an employee with respect to severance pay, under which the employee or expected employee agrees not to disclose information that may be exchanged or acquired during the course of employment at the charter school. A non-disclosure agreement may include a confidentiality clause or any other language limiting the ability of an employee to discuss their employment with the charter school.
“Restrictive covenant” means an agreement between the board of trustees of a charter school and an employee of the charter school arising out of an existing or anticipated employment relationship, or an agreement between the board and an employee with respect to severance pay, under which the employee or expected employee agrees not to engage in certain specified activities competitive with the charter school after the employment relationship has ended.
b. The board of trustees of a charter school, or any employee acting on behalf of the board, shall not require or request that an employee enter into a non-disclosure agreement or restrictive covenant as a condition of employment or with respect to severance pay as provided in an employment contract.
c. Nothing in this section shall be construed to prohibit a board of trustees from entering into a non-disparagement agreement with an employee.