Following a recent court order enjoining the enforcement of the State Board of Education’s (SBE) temporary rule that had banned compensation for name, image, and likeness (NIL), student-athletes at public schools in North Carolina can now profit from their NIL.
The back and forth over NIL for high school student-athletes has been going on for some time now. In response to S.L. 2023-133, the SBE adopted a temporary rule forbidding NIL, which essentially maintained the status quo, until consideration could be given to a proposed permanent rule that would allow NIL.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00EducationLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngEducationLaw2024-12-02 10:28:052024-12-02 10:55:12What to Know Now That North Carolina Public School Student-Athletes Can Profit From Their Name, Image, and Likeness
(This is the first in a series of legislative updates that the Education Law Section will be posting to keep its members up to date on legislation impacting the world of education).
In a press conference held on Friday, September 20, 2024, NC Governor Roy Cooper officially vetoed legislation recently passed by state lawmakers that would provide millions in additional funding for the Opportunity Scholarship Program, or private school vouchers, as well as student enrollment funding in growing public school units (PSUs). It is not yet known whether legislators will attempt to override the Governor’s veto during their next scheduled meeting on October 9, 2024, although legislative leaders previously noted that voting sessions were “likely” during their post-election reconvening on November 19-22.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00EducationLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngEducationLaw2024-09-27 09:30:082024-09-27 09:39:32Legislative Update: NC Governor Vetoes Bill Providing Funding for Private School Voucher Expansion and K-12 Enrollment Growth
Did you know that October and November are “education” months? National Learning and Development Month is celebrated each October, and November is National Education Month. Both of these months focus on the importance of supporting education and learning and provide unique opportunities to get involved within your local education community. One activity that is available is volunteering to read to elementary school-aged children who need assistance meeting their reading goals.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00EducationLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngEducationLaw2023-10-06 09:15:422023-10-06 09:21:33Calling All Volunteers – Read With Lawyers for Literacy!
The Education Section has been busy in April! On April 7, the Education Section held its final Regular Meeting of the year in Raleigh at Tharrington Smith LLP, and its Annual Meeting at Whiskey Kitchen. On April 8, the Education Section also held its annual CLE program at the Bar Center. Thanks to everyone who helped make these events a success, especially our CLE Committee co-chairs Collins Saint, Maura O’Keefe, Keir Morton-Manley, Rebecca Williams, and Grace Pennerat.
New Officers & Council Members
At this year’s annual meeting, the Education Section Council voted to approve the following section members for service on the Education Section Council.
The NCBA’s YLD coordinates the North Carolina Disaster Legal Services effort in partnership with the YLD of the American Bar Association, the Federal Emergency Management Agency and Legal Aid of North Carolina. The DLS pro bono program provides disaster-related resources and services to the public and attorneys with the support of the North Carolina Bar Foundation.
FEMA has just issued a disaster declaration that allows for assistance to be provided to Tropical Storm Fred affected residents in Buncombe, Haywood and Transylvania counties.
Welcome to the 2021-22 bar year! I look forward to working with you, our Council members, and committee chairs this year, and I want to thank our committee chairs for volunteering their time to invest in our section.
My hope is that everyone will take the chance to get involved in the section. Among other activities, our section has committees for CLE planning, LIFT (Law Institute for Teachers), and legislative updates. Our great committee chairs would welcome your help. If you are interested in assisting with a committee, please let me know and I would be happy to connect you with the committee chair.
One of my goals this year is to make our section more visible to other sections of the NCBA and the public. To that end, I hope to promote more collaboration with law students interested in our practice area. If you have ideas for blog posts, networking events (in-person or virtual) or collaboration with the public, please do not hesitate to contact me with suggestions.
On campus or off campus – that is still the question for school officials following the Supreme Court’s recent First Amendment opinion: Mahoney Area School District v. B.L., 594 U.S. ___, 141 S. Ct 2038, 2021 U.S. LEXIS 3395 (2021). For more than 50 years, the Supreme Court has managed to balance two competing First Amendment principles: (1) that a student does not shed all of their free speech rights at the “schoolhouse gate,” and (2) that public school officials have a special interest in regulating certain aspects of student speech that may cause a material and substantial disruption to the school environment. See Tinker v. Des Moines, 393 U.S. 503, 506-07 (1969).
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00EducationLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngEducationLaw2021-07-08 09:43:422021-07-08 10:11:40On Campus or Off Campus – That is Still the Question: Mahoney Area Sch. Dist. v. B.L. and the Supreme Court’s New Digital Frontier
The Education Law Section Nominations Committee seeks nominations for individuals to serve as members of the Education Law Section Council. Council members govern the section and help define its priorities and strategies.
Council members must be able to serve a three (3) year term and must be willing to attend quarterly (currently virtual) meetings. The section is seeking members who can actively participate, such as by serving on a Committee, and who want to work for the betterment of the section, the NCBA, the public, and the legal profession. At the same time, the council understands the needs of busy professionals and actively works to accommodate that. Each candidate must be a member of the Education Law Section in good standing.
Feel free to nominate yourself or someone else if this sounds like a good fit! Each candidate will be considered by the Nominations Committee for inclusion in a slate that will be submitted to the section for election at its Annual Meeting on April 14, 2021.
The General Assembly convened its short session on April 28, 2020, and adjourned sine die on Thursday, September 3. This means any additional legislative sessions for the year would require either the Governor to call the legislature back in session or three-fifths of the legislators in each chamber to request to come back for an extra session.
This blog post reflects legislation ratified before September 2, 2020, so it does not include information on S.L. 2020-97 (HB 1005). Click here for more information about the provisions of that bill.
Addresses statutory issues that had to be temporarily modified due to COVID-19, such as the school calendar, standardized testing, and licensure issues.
Appropriates funds for COVID-19 support including school nutrition services, a supplemental summer learning program, and electronic devices to support student learning. Read more
On July 7, 2020, several states and boards of education around the country filed a federal lawsuit in the Northern District of California challenging the U.S. Department of Education’s (“Department”) new Interim Final Rule (34 C.F.R. § 76.665) governing distribution of funds provided by Congress under the Coronavirus Aid, Relief and Economic Security Act (“CARES” Act).[1]
The CARES Act was enacted in March of 2020 to, among other things, provide emergency relief to states and local government entities, including Local Education Agencies (“LEAs”) impacted by the COVID-19 pandemic. The CARES Act requires that LEAs receiving funds under the CARES Act provide equitable services “in the same manner” as provided under section 1117 of the Elementary and Secondary Education Act (“ESEA”).[2]
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00EducationLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngEducationLaw2020-07-27 16:48:162020-08-12 17:32:12The CARES Act Carousel: States and LEAs Sue to Enjoin Implementation of Interim Final Rule Governing Distribution of COVID-19 Funds
By Todd Bowyer 
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