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Board briefed on new NIL rules: disclosures, timelines and prohibitions outlined for student-athlete deals

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Summary

District staff outlined recent North Carolina developments on name, image and likeness (NIL) for student athletes, including a legal timeline, disclosure and training requirements, prohibitions on using school logos and employee involvement, and deadlines for temporary and permanent rules.

District staff delivered a detailed briefing Jan. 14 on recent North Carolina rules governing student-athlete name, image and likeness (NIL) agreements and how the district should prepare.

Why it matters: Changes in state law and emergency rulemaking create new compliance obligations for students, parents, athletic directors, coaches and districts; failures in process can affect student eligibility for interscholastic athletics.

A district staff member providing the update summarized the timeline: North Carolina Session Law 2023‑133 (Oct. 3, 2023) directed the State Board of Education to adopt eligibility rules. Temporary rules and Policy ATHL008 were adopted in 2024; a Wake County judge issued an injunction on Oct. 1, 2024, and attached proposed rules to be used until the State Board finalized replacements. The State Board published and adopted new temporary rules in December 2024 and voted on Jan. 8–9, 2025 to adopt temporary rules effective Feb. 1, 2025 and permanent rules (for school year 2025–26) pending review.

Key points the presenter highlighted that will affect district practice: - Permitted activities under the rules include public appearances, autograph signings, endorsements and promotional activities, provided they comply with the regulations. - Students must disclose proposed NIL agreements to the school principal, the school athletic director (AD), the superintendent, the board chair and any head coach whose sport overlaps the agreement’s term. - Once an executed NIL agreement is received, the AD must send a copy to the North Carolina High School Athletics Association within 30 days. - Students (and parents of minors) must complete NIL education offered by the National Federation of State High School Associations (NFHS); the permanent rules require this training at least 10 days prior to entering an NIL agreement. - The rules prohibit use of school or district logos, promotion of alcohol, tobacco, adult establishments, weapons, gambling and activities that would disrupt school operations; coaches, ADs, school employees and booster representatives may not act as an athlete’s agent or facilitate agreements. - The permanent rules add disclosure timelines: proposed agreements must be submitted in a complete, unredacted form at least 10 days prior to execution, and finalized executed agreements must be provided in complete form within five business days of execution.

Board members asked procedural questions about enforcement and appeals; the presenter said some disputes would be handled by NCDPI and the High School Athletics Association depending on the issue. The presenter noted the State School Board and local school boards are coordinating policy development and that the North Carolina School Boards Association is working on suggested district policy language.

No action was required at this meeting; the briefing was intended to inform future local policy development and administrative procedures.