State board moves ahead with allowing NC public school athletes to sign NIL deals
Under court order, the State Board of Education is moving ahead with allowing North Carolina’s public school athletes to monetize their NIL rights.
A Wake County Superior Court judge issued an order in October blocking the State Board of Education from banning public school athletes from signing name, image and likeness deals this school year. The state board gave preliminary approval Thursday to a new temporary rule that codifies the court order while adding more wording on NIL guidelines.
The new rule provides parity with private school athletes in North Carolina who already can enter into NIL deals.
High school NIL deals allowed now in NC
In March, the state board passed a rule that bars high school students from entering into NIL deals this school year. State board members said they needed more time to work on a NIL policy.
The state ban led the mother of Faizon Brandon, the star quarterback at Grimsley High School in Greensboro, to sue the state board. The family said the state was costing Brandon “a life-changing NIL opportunity.”
In September, the state board gave preliminary approval to a new rule that would allow NIL deals beginning in the 2025-26 school year. The rule also set what athletes could and couldn’t do.
Last month, Wake County Superior Court Judge Graham Shirley ruled in favor of Brandon’s family. Shirley blocked the 2024-25 school year ban and immediately put into effect the NIL rule the state board approved in September.
State board assistant general counsel Ryan Collins said Wednesday they’re already working with the N.C. High School Athletics Association to let students know their rights now that NILs are allowed.
Which family members can benefit from NIL deals
Collins said the new rule the state board approved Thursday incorporates Shirley’s wording allowing NILs this school year.
The new rule also clarifies which immediate family members can get compensation from an athlete’s NIL deal. This would include a spouse, parent, legal guardian or custodian, grandparent, child, grandchild, brother, sister, half-sibling, or step-sibling.
There’s also new wording saying NIL deals can cover “any other commercial activities that are intended to promote a product or service offered by, increase the profits of, or otherwise generate financial benefits for a party to the NIL agreement from the use of the student’s name, image, or likeness.”
Under the new timeline, the board will take public comments from Nov. 15 to Dec. 10. A virtual public hearing will be held Dec. 6 before the board gives final approval on Jan. 6.
The rule would go into effect Feb. 13.
State board chair Eric Davis said people who are questioning why it’s taking so long should recognize that the timeline is mandated under state law.
