North Carolina Board of Education to review NIL policy for public high school athletes

CHARLOTTE ( QUEEN CITY NEWS ) — A name, image, and likeness policy handed down in June by North Carolina education officials could soon be reversed. Board members passed a temporary rule banning all NIL activities for student-athletes at public high schools in North Carolina.

Now, one of the nation’s top quarterbacks, Faizon Brandon, is suing the state over its restrictions.

“Their public policy argument was you’re a student first, learning should be paramount in high school, and there’s just not enough guardrails in place,” said Melinda Morris Zanoni, Esq. with Apollo Law Group.

Brandon was offered a deal from a “prominent trading card company” to sign memorabilia before graduation.

The lawsuit names the state Board of Education and its Department of Public Instruction as defendants, claiming the June policy decision blocked the deal.

Zanoni believes the family has a compelling argument.

“The family’s legal argument is that the board of education exceeded its authority. If you read the Senate bill, it says the board of education can regulate the “use of NIL.” It does not ban NIL. So, you should regulate NIL use, not prohibit it altogether,” she said.

Now the state board is taking another look at its policy on Wednesday. Members are expected to vote on it Thursday.

The board will listen to a presentation from general counsel officials about proposed rules that would allow NIL to profit under a set of guidelines that include restrictions and reporting requirements to the board and school officials.

“The money can be substantial for top athletes. For many families, it can be a life-changing opportunity. So, if North Carolina does not permit it and his trading card offer is rescinded, he’ll have damages,” Zanoni said.

There are 38 states that allow NIL activities; North Carolina is not one of them.

But state private school athletes are allowed.

“If he loses, the effect on North Carolina is you’re going to see top athletes cross state lines or you’re going to see them transferred to top private high school programs like Providence Day School,” said Zanoni. “You got Brandon’s future Tennessee teammate David Sanders Jr. has a website with merch. Why shouldn’t Brandon have the same opportunities? So, if North Carolina digs their heels in on this issue, it could create private school super leagues.”

If the vote on Thursday passes, the new proposals would then move on to be discussed in public hearings. The final vote is in January and , if passed, would start July 1, 2025.

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