New judgment now allows public school athletes to profit from NIL deals: Reports 

By Aman Sharma

Modified Oct 03, 2024 18:58 GMT

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In a landmark ruling, North Carolina public school athletes can now profit from their NIL deals without losing their eligibility to play sports. On October 1, 2024, Wake County Superior Court Judge Graham Shirley issued the decision, which could dramatically alter the landscape of high school athletics in the state.

The verdict came from a legal suit that Faizon Brandon's mother filed. Faizon is a Class of 2026 star quarterback committed to Tennessee, against the North Carolina Board of Education and the Department of Public Instruction.

Brandon had previously been unable to accept a NIL offer from a national trading card company due to the state's current rules. Judge Shirley, however, determined that the state's prohibition on NIL deals was not permitted under current state law.

While North Carolina was one of only 11 states that did not allow high school athletes to engage in NIL activities, this decision shifts that reality. Currently, 39 states permit student-athletes to profit from NIL deals while maintaining their eligibility.

Judge Shirley's ruling accelerates the state Board of Education's proposed NIL policy, originally set to begin in the 2025-26 school year. The new guidelines will take effect once a formal written order is signed in the coming weeks.

Under these rules, athletes will be restricted from NIL deals involving alcohol, tobacco, firearms and other sensitive products.

The policy also requires high school athletes to undergo NIL training, with reporting obligations for students, schools and the North Carolina High School Athletic Association. These reports will be submitted to the state board annually.

North Carolina's top prospect set to benefit from new NIL deals ruling

The No. 1 high school player in North Carolina, quarterback Faizon Brandon, has had an impressive season. He has passed for 821 yards on 55-of-70 throws, boasting a 78% completion rate and delivering seven touchdowns.

Despite his talent, Brandon, a Class of 2026 recruit, was previously barred from accepting lucrative NIL deals. Back in April, Brandon received a "life-changing" offer that would have brought significant financial support to his family, but he was unable to accept it due to North Carolina’s NIL restrictions.

This followed a June 2023 decision by the North Carolina High School Athletic Association (NCHSAA) to enforce a temporary by-law, prohibiting NIL activities for public school athletes.

Top private school players, such as David Sanders Jr. of Providence Day School, had long been able to profit from NIL deals. Sanders, a 2025 prospect, even secured NIL representation through WME.