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Competitive intercollegiate sports were not introduced into post secondary education in the United States until the nineteenth century. The first popular collegiate sport was crew, but this was short lived as high media coverage and scholarships made football a lucrative industry in the late 1880s. As interest in football grew so also did its aggressiveness and thus its resulting injuries. The NCAA was born out of President Theodore Roosevelt's demand to reform college football. He wanted this because football was an extremely rough sport which caused many serious injuries.

The case before the Supreme Court did not directly touch on the issue of whether athletes may earn money for the use of their names, images and likenesses, but the decision arrived on Monday with the N.C.A.A. already embroiled in that question as well. Some observers noted the court's apparent siding with the athletes and its rejection of the NCAA's claim that fan interest is tied to students' amateur status. A work-study job could pay several thousand dollars each year, and working at the typical minimum wage — $7.25 per hour — for 35 hours a week would earn the student a little over $1,000 per month. Everyone around them makes money, but the students responsible for generating revenue receive nothing. Additionally, the NCAA argued that paying their athletes more would fundamentally alter the product that the NCAA provides to consumers. That product, according to the NCAA, is “amateur” athletics offered by poorly compensated student-athletes, not by professionals paid a market salary.

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Private school funding was also a point of contention in the Spring after the. Education Department developed guidance and then an interim rule released in July explaining how CARES Act dollars should be shared with private schools. Typically Title I dollars can flow to private school students for "equitable services," such as tutoring, if the students are deemed low achieving and live in an attendance zone for a Title 1 public school. The initial guidancecalled for school districts to provide these services, including materials and equipment, to any students and teachers in non-public schools, regardless of whether the students are low-achieving or live in the right attendance zones. The share for private schools would have to be proportionate to the share of all students in the district attending such schools. The interim released in July gave school districts more flexibility, but ultimately directed more federal dollars to private institutions.

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