Leading off today: You gotta go where the money is, so today's blog takes us to North Carolina. That's where state officials are wrestling with the issue of high school students who want to capitalize off their Name, Image, and Likeness (NIL) rights.
The North Carolina Board of Education this week advanced a proposal that would allow public school students to join those in private schools in accepting NIL money. The decision came following a lawsuit filed by the mother of Tennessee-bound quarterback Faizon Brandon, a star at Grimsley High in Greensboro.
Under the proposal that just cleared its first hurdle, athletes in grades 6-12 would be able to accept compensation for public appearances, autograph signings, social media posts, endorsements, and hosting camps, among other options. THat would bring North Carolina closer in line with nearly 40 other states that have already adopted rules permitting NIL deals for scholastic athletes.
Participating students and their parents or guardians would need to take an NIL course and submit forms for each deal to school administrators. There would be limitations on the use of school uniforms in endorsements as well as prohibitions against endorsing alcohol, tobacco, cannabis, vaping, gambling, weapons, and activities that "would disrupt the operations of the school."
The proposal now under consideration will go to a public comment period beginning next month and then a final vote in January. If it passes, this would go into effect beginning July 1, 2025.
If passed, the new NIL rule would not go into effect in time for Brandon and his family to take advantage since he is on schedule to graduate in December. The lawsuit filed recently in Wake County Superior Court is a last-ditch Hail Mary on behalf of the quarterback, regarded as the No. 1 prospect in the nation by some recruiting services. The family's lawsuit discloses an offer from a trading card company that proposed a fee in exchange for signing memorabilia prior to his graduation, and indicates the value of all offers exceeds $1 million.
The suit contends the North Carolina State Board of Education overstepped its authority under state law to regulate NIL when it banned deals altogether in June.
The ban applied to athletes at schools in the North Carolina High School Athletic Association, which is made up of public and a handful of parochial schools. Those competing at the approximately 100 North Carolina Independent School Athletic Association schools can make NIL deals.
In contrast to Brandon, offensive lineman and fellow University of Tennessee recruit David Sanders Jr. of Providence Day School, a NCISAA institution in Charlotte, sells branded clothing and other merchandise on a website.
College is where the real NIL cash is at
While a number of high school athletes have done quite well by striking NIL deals, college is where the real money starts flowing for the biggest names.
Last December, AthleticBusiness.com reported that then-freshman University of Texas quarterback Arch Manning was making far more than the salary of many NFL players. The nephew of Peyton and Eli Manning had NIL deals worth $3.2 million before throwing his first college pass.
By way of comparison, San Francisco 49ers quarterback Brock Purdy's four-year rookie contract averages $934,252 per season. And Purdy is dwarfed even more by Shedeur Sanders, who booked $4 million in NIL money for his first season quarterbacking Colorado after starting out at Jackson State.
New York adopted NIL rules in 2021
New York State Public High School Athletic Association
revised its rules on amateur status in October 2021 to allow scholastic athletes to make NIL deals provided there is no school, section, or NYSPHSAA affiliation cited. That means a prohibition against the use of school uniforms and logos but opened the door to take advantage of name recognition, particularly for those in high-visibility sports like basketball.
