It shouldn’t take a lawsuit to change NIL rules for public school athletes | Opinion

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Monday, news broke that the mother of a North Carolina high school football star was suing the State Board of Education over NIL access.

Rolanda Brandon filed suit for her son, Greensboro Grimsley quarterback Faizon Brandon, saying that the state’s ruling in July to block NIL for public school athletes should be rescinded.

The Brandons believe the state is robbing young athletes like Faizon — the nation’s top recruit in the class of 2026, according to 247 Sports — from profiting from their name, image and likeness.

The suit argues — correctly — that Brandon owns his NIL rights and should not be prevented from an ability to “capitalize on life-changing opportunities currently available to him and provide himself and his family with financial security.”

I’m betting a jury would side with the plaintiff.

And it’s time for North Carolina to get with the times.

Nationwide, 38 states plus the District of Columbia allow high school athletes to profit from NIL rights. Think local kids and parents don’t know that?

In North Carolina, private school stars can — and are — making money off NIL. Right now.

Think local kids and parents don’t know that, either?

It shouldn’t take a lawsuit to make the state do the right thing, but here we are.

Let’s review:

▪ The N.C. High School Athletic Association, usually on the cutting edge of high school changes, voted to allow students to earn money through NIL rights in May 2023. The rule would have gone into effect a few weeks later.

But a group of legislators immediately blocked the change, and eventually stripped the association of a lot of its power, handing it to the State Board, a body not accustomed to dealing as extensively with athletics.

▪ Earlier this year, the State Board held meetings to discuss NIL and had a period from Jan. 12-Feb. 23 to allow public comment. There was also a virtual public hearing on Feb. 23.

According to a letter from the State Board’s lawyer, there was no public comment given.

I can’t imagine parents at more than 400 high schools would have nothing to say about this issue.

I can also imagine that many parents from more than 400 high schools, and many media members in the state, had no idea it was happening.

▪ So fast forward to Friday and the lawsuit being filed — and to Monday when news broke about it.

According to State Board counsel, it’s going to take a year to make a decision on something that the NCHSAA has vetted extensively and discussed and voted on. Just recently, the NCHSAA presented additional findings to the State Board.

Know this: Athletes like Brandon will leave N.C. public schools for private schools or out of state options in the future if things don’t change.

“I feel like kids are definitely going to want to come to private schools because they feel they can make a lot of money,” said Providence Day’s David Sanders, a private school 5-star recruit who has national and local NIL deals.

Like Brandon, Sanders has committed to Tennessee.

“But most people,” Sanders said, “aren’t making a lot of money, unless they’re the No. 1 player in the country. It’s more of a learning curve, so you don’t go into college so blind. You understand what a contract is. You understand what a checking account is, how to do taxes. I think it’s good (NIL) is allowed in high school. I think it’s pretty cool just learning the business side of it and it’s definitely going to be an advantage of private school kids.”

I listened to the State Board’s recent meeting, when the NCHSAA delivered a long presentation about NIL. The members asked questions and showed genuine concern about taxation and players and parents being exploited.

The NCHSAA had guardrails in place before, and has tweaked some of its recommendations. There is a good plan ready. It’s time, right now, to give it to public school athletes.

They shouldn’t have to wait a year to get NIL, and it should not have taken a lawsuit, and the public pressure sure to follow, to get the ball rolling, either.