*Updated 9/16/2024
On July 1, the athlete marketing world grew by nearly 500,000 student-athletes across college athletics. This led to two immediate questions:
- How can I get paid?
- And when can I start?
The first continues to be answered each day, with countless student-athletes monetizing their name, image and likeness (NIL) in a variety of creative ways. The second, however, remains in question for many high school athletes across the country.
On August 2, Quinn Ewers made national headlines with his decision to enroll at Ohio State, foregoing his senior season of football at Texas powerhouse Carroll Senior High School. One underlying factor when understanding Ewers’ decision was the restriction he faced under Texas state law which prohibits any prospective student-athlete from being compensated for their NIL prior to enrolling at a college or university. Following his move to campus, CBS Sports reported Ewers inked a $1.4 million NIL deal.
Though Ewers is a clear standout, he was not the first and will not be the last high school student-athlete with significant NIL earning potential. According to USA Today, nine American high schoolers qualified for the 2020 Tokyo Olympics, including Lydia Jacoby, the 17-year-old from Seward, Alaska who took home gold in the 100-meter Breaststroke. Yahoo Sports similarly reported on six American high schoolers for the 2024 Paris Games. While many high school athletic associations have amateurism-related exceptions in place for Olympians, the vast majority of these associations prohibit high school student-athletes from monetizing their NIL.
This article aims to break down existing NIL regulations pertaining to high school student-athletes in all 50 states, plus Washington D.C. To be clear, this article is a broad examination and contact with all associations was not able to be made. If you are a student-athlete, parent, brand, or interested individual, it is strongly encouraged to please contact your high school athletic director and/or high school association for more information.
About each state
ALABAMA
Governing Body: Alabama High School Athletic Association
State NIL Law: Repealed State Law
Status: Confirmed Prohibited
Governance: 2040-25 Handbook
Applicable Language: Section 8, Amateur Rule
Notes: The current regulations prohibit student-athletes from monetizing their NIL. Further information from the administration cited Section 8, which defines “an amateur is one who does not use his/her knowledge of athletics or athletic skill for gain”.
ALASKA
Governing Body: Alaska School Activities Association
State NIL Law: N/A
Status: Confirmed Permissible
Governance: 2024-25 Handbook
Applicable Language: Article 8, Amateurism
Notes: On December 7, 2021, the ASAA Board approved amendments to their longstanding amateurism policy which now allows for student-athletes to engage in NIL activities unaffiliated with their “school team, school, ASAA Region or ASAA.” A full report of ASAA Board meeting minutes will be found here.
ARIZONA
Governing Body: Arizona Interscholastic Association
State NIL Law: Senate Bill 1296 – could be applied to high school athletes broadly, as individuals who “may be eligible in the future” for college athletics
Status: Confirmed Permissible
Governance: 2024-25 Constitution, Bylaws, Policies and Procedures
Applicable Language: 15.11.1.1 Amateur Rule
Notes: The current regulations permit student-athletes to monetize their NIL. The 15.11.1.1 Amateur Rule was recently updated to allow for student-athletes to benefit from the use of their NIL, with the limited list of restrictions found in several other states.
ARKANSAS
Governing Body: Arkansas Activities Association
State NIL Law: House Bill 1671 – does not apply to high school athletes
Status: Confirmed Permitted
Governance: 2024-25 Handbook
Applicable Language: Rule 10, Amateurism
Notes: The current regulations permit student-athletes to monetize their NIL. In June 2023, high school athletes in the Natural State are allowed to benefit from the NIL under the same standard terms as other high schoolers across the country.
CALIFORNIA
Governing Body: California Interscholastic Federation
State NIL Law: Senate Bill No. 26 – does not apply to high school athletes
Status: Confirmed Permitted
Governance: 2024-25 Constitution and Bylaws
Applicable Language: 212, Amateur Status
Notes: The current regulations permit a student-athlete to be compensated for their NIL, so long as there is no recognition of the student-athlete’s school, school logos, uniforms or insignias. Further information from the administration pointed to Bylaw 212 which reads a student-athlete shall become ineligible if they are, “wearing a school team uniform or any identifying school insignia while appearing in any advertisement, promotional activity or endorsement for any commercial product or service” or “lending his/her name and team affiliation for purposes of commercial endorsement”.
COLORADO
Governing Body: Colorado High School Activities Association
State NIL Law: Senate Bill 20-123 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: 2024-25 Bylaws
Applicable Language: 2000 Amateur Status, 2010 Awards
Notes: During the April meetings, the CHSAA Legislative Committee approved a proposal permitting student-athletes to engage in NIL activities. Outlined in the Amendment 8 description, student-athletes “will be prohibited from monetizing their name, image and likeness with the use of their school’s uniform, equipment, logo, name, proprietary patents, products and/or copyrights associated with a CHSAA member school either in public, print or social media platforms.”
CONNECTICUT
Governing Body: Connecticut Interscholastic Athletic Conference
State NIL Law: House Bill 6402 / Raised Senate Bill 20 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: 2024-25 Handbook
Applicable Language: 4.5 Amateur Athletic Guidelines
Notes: In May 2022, the CIAC Board approved a proposed language change to include NIL in the Amateur Athletic Guidelines. The new language allows high school student-athletes in the state to monetize their NIL while maintaining their eligibility. Student-athletes are required to disclose activities to their athletic departments, and activities may not include or reference the CIAC, a member school, event, game or championship. The CIAC also outlined prohibitions on activities in vice industries, including but not limited to alcohol, tobacco, gambling, and weapons.
DELAWARE
Governing Body: Delaware Interscholastic Athletic Association
State NIL Law: Senate Bill 297
Status: Under Membership Considerations
Governance: Title 14 Education Delaware Administrative Code
Applicable Language: 2.5 Eligibility, Amateur Status
Notes: The current regulations prohibit student-athletes from monetizing their NIL. Further information from the administration concluded that if the regulation should change an update will be provided. Amateurism rules are expected to be reviewed as the NIL discussion continues to grow.
DISTRICT OF COLUMBIA
Governing Body: District of Columbia State Athletic Association
State NIL Law: N/A
Status: Confirmed Permitted
Governance: 2023-24 Member Handbook
Applicable Language: Section H, Amateur Status
Notes: When the DCSAA released their 2022-23 Handbook directly addressing NIL opportunities, it was clear NIL was permitted. The amateurism status subsection notes, “these provisions are not intended to restrict the right of any student to participate in a commercial or marketing endorsements provided there is no school team, school or DCSAA affiliation name or logo visible.” Additionally, students are restricted from appearing in their uniform and utilizing school/DCSAA trademarks in NIL activities. Furthermore, the DCSAA requires notification of all “commercial or marketing endorsements”.
FLORIDA
Governing Body: Florida High School Athletic Association
State NIL Law: Senate Bill 646 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: 2024-25 FHSAA Handbook
Applicable Language: 9.9 Amateurism
Notes: The current regulations permit student-athletes to monetize their NIL. Amid a variety of external pressures, the FHSAA updated regulations ahead of the 2024-25 academic year which were reflected in their handbook.
GEORGIA
Governing Body: Georgia High School Association
State NIL Law: N/A
Status: Confirmed Permitted
Governance: 2024-25 Constitution and Bylaws
Applicable Language: 1.97 Amateur Status/Awards – Appendix “N”
Notes: The current regulations permit student-athletes to monetize their NIL. Amid a variety of external pressures, the GHSA updated regulations during the 2023-24 academic year which are reflected in their handbook.
HAWAII
Governing Body: Hawaii High School Athletic Association
State NIL Law: N/A
Status: Confirmed Prohibited
Governance: Administrative Regulations
Applicable Language: Section I
Notes: The current regulations prohibit student-athletes from monetizing their NIL. While there were no active discussions during the April Board meeting, NIL could be a topic at the in future meetings.
IDAHO
Governing Body: Idaho High School Activities Association
State NIL Law: N/A
Status: Confirmed Permitted
Governance: Rules and Regulations
Applicable Language: 8-4 Amateur Status, 8-5 Awards
Notes: The IHSAA released its rule changes for the 2022-23 academic year which included clarification on amateurism Rule 8-4-1, permitting student-athletes to “participate in a commercial endorsement provided there is no school team, school, league, district or IHSAA affiliation.”
ILLINOIS
Governing Body: Illinois High School Association
State NIL Law: Senate Bill 2338 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: IHSA Handbook 2024-25
Applicable Language: 3.080 Amateurism/NIL
Notes: Following the December 2022 membership voting, the IHSA schools unanimously approved a bylaw change permitting NIL. The new policy matches many of the basic principles of other state associations’, including restrictions on logo and facility use, as well as gambling, alcohol, tobacco, cannabis, banned substances, adult entertainment, firearms, or “any product or service the Board deems inappropriate”.
INDIANA
Governing Body: Indiana High School Athletic Association
State NIL Law: N/A
Status: Confirmed Prohibited
Governance: 2024-25 Member School By-Laws
Applicable Language: Rule 5, Rule 6
Notes: The current regulations prohibit student-athletes from monetizing their NIL. Rule 5 on amateurism states a student-athlete loses their amateur status if they have, “capitalized on athletic fame by receiving money or gifts of a monetary nature”. However, a past Executive Committee reports show the IHSAA has done some research the topic.
IOWA
Governing Body: Iowa High School Athletic Association & Iowa Girls High School Athletic Union
State NIL Law: N/A
Status: Confirmed Permitted
Governance: IHSAA Handbook
Applicable Language: 36.14(3) Awards
Notes: In their August meetings, the IGHSAU and IHSAA Board of Control and released guidance to assist students, families and schools to navigate the new NIL landscape. The fifteenth state to do so, Iowa’s association outlines clear prohibitions on NIL activities constituting pay-for-play and recruiting inducements, as well as payment or assistance from the institution. Additionally, prohibitions were outlined for the use of logos, facilities, and activities related to certain vice industries, such as alcoholic beverages, tobacco and cannabis.
KANSAS
Governing Body: Kansas State High School Activities Association
State NIL Law: N/A
Status: Confirmed Permitted
Governance: KSHSAA Handbook 2024-25
Applicable Language: Rule 21
Notes: The current interpretation of the Rule 21 amateurism regulations allow student-athletes to monetizing their NIL. The KSHSAA requires NIL activities must not (1) interrupt the school day for students; (2) reference the school name, school team, school logo nor school mascot; (3) use any school uniforms; (4) use any school facilities; (5) reference any school awards won by the student-athlete; (6) feature practice or game film; (7) influence attendance at a specific school, and; (8) associate with tobacco, alcohol, banned athletic substances, illegal substances or activities, or wagering.
KENTUCKY
Governing Body: Kentucky High School Athletic Association
State NIL Law: Executive Order / Senate Bill 6 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: Bylaws of the Kentucky High School Athletic Association
Applicable Language: Bylaw 10 Amateur/Award
Notes: The current regulations permit student-athletes to monetize their NIL. Bylaw 10 on amateurism has been updated to account for modernized NIL regulations which match those similar to other state high school associations.
LOUISIANA
Governing Body: Louisiana High School Athletic Association
State NIL Law: Senate Bill 60 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: The Louisiana High School Athletic Association Handbook
Applicable Language: 1.25 Maintaining Amateur Status, 7.2 School Awards
Notes: The LHSAA Board released a position statement following their April 2022 meeting clarifying that current amateurism rules do not prohibit NIL activities or jeopardize a student-athlete’s eligibility. More information on the position statement can be found on the LHSAA website.
MAINE
Governing Body: Maine Principals’ Association
State NIL Law: Legislative Document No. 1893 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: 2024-2025 Handbook
Applicable Language: Section 2, Student Eligibility
Notes: At their 2022 Spring meeting, the MPA membership approved a policy permitting student-athletes to engage in NIL activities. Within the policy, it restricts student-athletes from using school logos, engaging in NIL activities during team activities, and partnering with a list of vice industries.
MARYLAND
Governing Body: Maryland Public Secondary Schools Athletic Association
State NIL Law: House Bill 125 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: Handbook
Applicable Language: 10 Amateur Rules, .08 Awards and Recognition
Notes: Following their December 2022 meeting, the MPSSAA Board of Control adopted a set of NIL guidelines, accompanied with an FAQ document, permitting student-athletes in the association to engage in NIL activities. The MPSSAA elected to follow suit with the majority of other associations as it pertained to prohibited category types and logo usage, but they paved their own way by becoming the first association to outright prohibit the formation of NIL Collectives by employees, contractors, and volunteers of member schools.
MASSACHUSETTS
Governing Body: Massachusetts Interscholastic Athletic Association
State NIL Law: N/A
Status: Confirmed Permitted
Governance: MIAA Handbook
Applicable Language: 47.1.3 Amateurism
Notes: In August 2022, the MIAA Board of Directors approved new policy 13-0-1 which allows student-athletes to monetize their NIL. Inspired by policies released from New York, New Jersey, and Connecticut, the MIAA’s policy specifies disclosure of deals, restricted use of IP, and prohibitions on certain categories, including vaping products.
MICHIGAN
Governing Body: Michigan High School Athletic Association
State NIL Law: N/A
Status: Confirmed Prohibited
Governance: MHSAA Handbook
Applicable Language: VIII Eligibility Rules for Athletes
Notes: The current regulations prohibit student-athletes from monetizing their NIL. There are no proposed rule changes in the mix, although the MHSAA has kept a close eye on the topic.
MINNESOTA
Governing Body: Minnesota State High School League
State NIL Law: N/A
Status: Confirmed Permitted
Governance: 2021-2022 MSHSL OFFICIAL HANDBOOK
Applicable Language: 201 Amateur Status, 204 Awards
Notes: In 2022, the MSHSL approved of policy to permit student-athletes to monetize their NIL. With prohibitions on vice industries and intellectual property belonging to the school, conference and league, more details on the full policy are printed in the official handbook at the end of the 200 series of bylaws.
MISSISSIPPI
Governing Body: Mississippi High School Activities Association
State NIL Law: Senate Bill 2313 – Does not apply to high school athletes
Status: Confirmed Prohibited
Governance: MHSAA HANDBOOK
Applicable Language: 2.39 Amateur Rule, 7.21 Awards
Notes: The current regulations prohibit student-athletes from monetizing their NIL. Further information from the administration confirmed Section 2.39 which states amateurism status is lost if a student-athlete has “accepted money”. Additionally, the MHSAA cited the NFHS’s ruling against NIL opportunities for high school student-athletes.
MISSOURI
Governing Body: Missouri State High School Activities Association
State NIL Law: House Bill 297 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: 2024 Official Handbook
Applicable Language: 2.6 Amateur Status, 3.6 Awards
Notes: The current regulations permit student-athletes to monetize their NIL. Full NIL rules are outlined in the MSHSAA Official Handbook.
MONTANA
Governing Body: Montana High School Association
State NIL Law: Senate Bill 248 – Does not apply to high school athletes
Status: Under Membership Considerations
Governance: Handbook
Applicable Language: 15.1 Awards, 16 Amateur Rule
Notes: The current regulations prohibit student-athletes from monetizing their NIL. Further information from the administration confirmed Section 16 which states amateurism status is lost if a student-athlete has “accepted money”. Awards allowable under MHSA rules must be no greater than $100 in value.
NEBRASKA
Governing Body: Nebraska School Activities Association
State NIL Law: Legislative Bill 962 / Legislative Bill 598 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: Constitution & Bylaws
Applicable Language: 2.15 Awards to Students and Schools, 3.7 Amateur Rule
Notes: In December 2021, the NSAA Board of Directors approved policy changes allowing student-athletes to monetize their NIL. More details around the full policy are available in Section 3.7.1.
NEVADA
Governing Body: Nevada Interscholastic Activities Association
State NIL Law: Assembly Bill 254 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: Chapter 385B – Nevada Interscholastic Activities Association
Applicable Language: NAC 385B.374, NAC 385B.650
Notes: The NIAA currently permits student-athletes to monetize their NIL dissociated from their school. Uniquely, full information from the association is part of the administrative code of the State of Nevada, and revisions to these regulations required action by the State government.
NEW HAMPSHIRE
Governing Body: New Hampshire Interscholastic Athletic Association
State NIL Law: N/A
Status: Confirmed Permitted
Governance: BY-LAW ARTICLE II Eligibility
Applicable Language: Sect. 6 Amateur Status
Notes: The current regulations permit student-athletes to earn compensation for use of their NIL. A full breakdown of the updated policy can be found here.
NEW JERSEY
Governing Body: New Jersey State Interscholastic Athletic Association
State NIL Law: Senate Bill 971 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: NJSIAA GENERAL INFORMATION CONSTITUTION BY-LAWS RULES AND REGULATIONS
Applicable Language: Article V ELIGIBILITY OF ATHLETES
Notes: The current regulations permit student-athletes to monetize their NIL. Following a Board meeting on November 10, official approval was given on the proposal. Beginning in January 2022, NJSIAA student-athletes will be able to profit from their NIL.
NEW MEXICO
Governing Body: New Mexico Activities Association
State NIL Law: Senate Bill 94 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: NMAA Handbook
Applicable Language: 6.18 ATHLETIC AMATEUR STATUS
Notes: The current regulations permit student-athletes to monetize their NIL. There is not a formal NIL policy, but it is written in Section 6 that, “this provision is not intended to restrict the right of any student to use their name, image, or likeness to participate in a commercial endorsement provided there is no school, school team, or NMAA affiliation.”
NEW YORK
Governing Body: New York State Public High School Athletic Association
State NIL Law: N/A
Status: Confirmed Permitted
Governance: NYSPHSAA Rules & Regulations
Applicable Language: Section 2 Amateur
Notes: On October 20, 2021, the NYSPHSAA Executive Committee took action by approving revisions to the amateur rule, allowing student-athletes to monetize their NIL. Student-athletes will be prohibited from entering into endorsement deals “in affiliation” with their school, Section, or the NYSPHSAA.
NORTH CAROLINA
Governing Body: North Carolina High School Athletic Association
State NIL Law: Executive Order – Does not apply to high school athletes
Status: Permitted for Private Schools / Prohibited for Public Schools
Governance: NCHSAA Handbook
Applicable Language: 1.2.15 Amateur Rule
Notes: In May 2023, the NCHSAA approved policy allowing student-athletes to monetize their NIL beginning in the 2023-24 academic year. One of the most detailed policies in the entire country, the association made clear prohibitions on certain vice industries as well as unruly use of IP. However, the North Carolina state government opposed this effort and barred the rule change. There is a holding pattern for the 2024-25 academic year as NIL is currently permitted for student-athletes competing at private schools but not for student-athletes competing at public schools. Monitor this situation closely.
NORTH DAKOTA
Governing Body: North Dakota High School Activities Association
State NIL Law: N/A
Status: Confirmed Permitted
Governance: Constitution and Bylaws
Applicable Language: Article VIII: Amateurism, Article IX: Awards
Notes: In June of 2022, the NDHSAA approved changes to their amateurism policy, allowing for student-athletes to capitalize on their NIL. The association set boundaries on both school and booster involvement in the creation and procurement of NIL opportunities. Additionally, student-athletes are prohibited from utilizing NDHSAA/school logos in marketing and/or promotion.
OHIO
Governing Body: Ohio High School Athletic Association
State NIL Law: Executive Order – does not apply to high school athletes
Status: Confirmed Prohibited
Governance: OHSAA Bylaws
Applicable Language: Bylaw 4, Section 10 – Amateur, Bylaw 5 — Awards
Notes: The current regulations prohibit student-athletes from monetizing their NIL. During the OHSAA’s 2022 annual referendum in May, the membership voted against the NIL proposal, citing a need for further education and preparedness. The OHSAA was the first association to have an NIL proposal fail. Nevertheless, NIL conversations have persisted.
OKLAHOMA
Governing Body: Oklahoma Secondary School Activities Association
State NIL Law: Senate Bill 48 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: OSSAA Constitution
Applicable Language: Rule 5 – Amateurism and Awards
Notes: In October of 2022, the OSSAA approved NIL guidelines for their student-athletes. Similar to other associations, the OSSAA’s regulations prohibit student-athletes from using logos/marks of the school, as well as engaging in NIL activity which pertains to enrollment at a specific institution.
OREGON
Governing Body: Oregon School Activities Association
State NIL Law: Senate Bill 5 and Senate Bill 1505 – does not apply to high school athletes
Status: Confirmed Permitted
Governance: OSAA Handbook
Applicable Language: 8.4. Awards
Notes: In October of 2022, the OSAA Delegate Assembly voted to set parameters for student-athletes on NIL activities. The parameters include requirements for student-athletes to disclose agreements and a prohibition on receiving deals from anyone connected to an OSAA-affiliated high school.
PENNSYLVANIA
Governing Body: Pennsylvania Interscholastic Athletic Association
State NIL Law: Senate Bill 381 –does not apply to high school athletes
Status: Confirmed Permitted
Governance: PIAA Constitution and By-laws
Applicable Language: ARTICLE II Amateur Status and Awards
Notes: In December 2022, the PIAA Board of Directors approved a policy permitting student-athletes to monetize their NIL. Similar to other associations in the Northeast, student-athletes are prohibited from displaying or endorsing adult entertainment, alcohol, casinos/gambling, tobacco, opioids/pharmaceuticals, controlled substances, and/or firearms related products and services. Additionally, the PIAA instituted restrictions on usage of association or membership logos as well as established a 72-hour disclosure window.
RHODE ISLAND
Governing Body: Rhode Island Interscholastic League
State NIL Law: N/A
Status: Confirmed Permitted
Governance: Rules and Regulations
Applicable Language: Section 9. Awards, Section 19. Amateurism
Notes: The current regulations permit student-athletes to monetize their NIL. The RIIL updated Section 19 of their Rules and Regulations to state their provisions are “not intended to restrict the right of any student to participate in a commercial endorsement provided there is no school team, school, or Rhode Island Interscholastic League affiliation.” The RIIL guidelines go on to prohibit any NIL activities from including league or member logos.
SOUTH CAROLINA
Governing Body: South Carolina High School League
State NIL Law: Senate Bill 685 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: 2024-25 By-laws
Applicable Language: ARTICLE IX – Awards, Section 14 Amateur Status
Notes: The current regulations prohibit student-athletes from monetizing their NIL. SCHSL officials made it clear that no rules explicitly prevent student-athletes from engaging in NIL if the activity is disassociated from their institution and athletic performance.
SOUTH DAKOTA
Governing Body: South Dakota High School Activities Association
State NIL Law: N/A
Status: Under Membership Considerations
Governance: South Dakota High School Activities Association Constitution and Bylaws
Applicable Language: Section 5 Awards, Section 6 Amateur Standing
Notes: The current regulations prohibit student-athletes from monetizing their NIL. However, SDHSAA administration has confirmed they are reviewing their policy and exploring what is best for the membership and student-athletes with optimism for action,
TENNESSEE
Governing Body: Tennessee Secondary School Athletic Association
State NIL Law: House Bill 1351 – does not apply to high school athletes
Status: Confirmed Permitted
Governance: TSSAA Handbook
Applicable Language: Section 18 Amateur Rule, Section 19 Award Rule
Notes: In December 2022, the TSSAA Legislative Council approved and enacted changes to their longstanding amateurism policy to allow for student-athletes to monetize their NIL. Streamlined with the mass of other state high school associations, the TSSADD made it clear that NIL activations were not to be related to their on-field performance, as well as clean of any TSSAA or member school involvement, including the usage of logos/trademarks.
TEXAS
Governing Body: Texas University Interscholastic League
State NIL Law: Senate Bill 1385 – Prohibits high school athletes from engaging in NIL activities;
” (j) No individual, corporate entity, or other organization may:
(1) enter into any arrangement with a prospective student athlete relating to the prospective student athlete’s name, image, or likeness prior to their enrollment in an institution of higher education; or
(2) use inducements of future name, image, and likeness compensation arrangement to recruit a prospective student athlete to any institution of higher education. “
Status: Confirmed Permitted – for student-athletes 18-years of age or older
Governance: UIL Constitution & House Bill 2804
Applicable Language: Section 441: AMATEUR ATHLETIC STATUS, Subchapter O. AWARDS
Notes: In 2023, legislators in the State of Texas signed into law a statute which permits student-athletes “18 years of age or older” to engage in NIL activities. However, the UIL has yet to publicly provide policy to acknowledge this carve out. Further engagement with the League would be valuable.
UTAH
Governing Body: Utah High School Activities Association
State NIL Law: N/A
Status: Confirmed Permitted
Governance: HANDBOOK
Applicable Language: SECTION 6: Amateur Rule, SECTION 7: Prohibition of Awards
Notes: The current regulations permit student-athletes to engage in NIL activities to varying degrees. At their January 20, 2022 meeting, the Board of Trustees approved a NIL policy that will
be included in the UHSAA Handbook effective immediately.
VERMONT
Governing Body: Vermont Principals Association
State NIL Law: N/A
Status: Confirmed Permitted
Governance: High School Policies
Applicable Language: Amateur Status Rulings and Comments
Notes: The current regulations permit student-athletes to engage in NIL activities. Confirmation from the VPA administration conveyed the association allows for the adjustment in stance.
VIRGINIA
Governing Body: Virginia High School League
State NIL Law: Senate Bill 223 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: Handbook and Policy Manual
Applicable Language: 28B-2-1 AMATEUR RULE
Notes: In May 2023, the VHSL passed legislation to allow student-athletes to monetize their NIL beginning July 1, 2023. Similar to North Carolina, the VHSL prohibited the typical vice industries/intellectual property and has required disclosure of NIL activity. One obscure characteristic of their policy prohibits NIL Collectives from soliciting, arranging, or negotiating compensation for a student’s NIL, other than their own child. What makes this unique is the prohibition on Collectives, as defined as: “NIL Collective: A group of alumni, supporters parents, or other people who form a corporation, limited liability company. partnership, non-profit organization foundation, or other entity to provide NIL opportunities to student-athletes of a specific school.”
More information can be found in the VHSL Board meeting minutes.
WASHINGTON
Governing Body: Washington Interscholastic Activities Association
State NIL Law: N/A
Status: Confirmed Permitted
Governance: Handbook
Applicable Language: Q&A 18.25.1
Notes: Despite not having a formal announcement around the clarification, the current regulations permit student-athletes to engage in NIL activities. According to the Q&A response on amateurism guidelines, “this provision is not intended to restrict the right of any student to participate in a commercial endorsement provided there is no affiliation with the school team, school, WIAA District or WIAA state association.” Additionally, student-athletes are prohibited from utilizing the intellectual property of the school, WIAA District, or WIAA state association.
WEST VIRGINIA
Governing Body: West Virginia Secondary School Activities Commission
State NIL Law: N/A
Status: Confirmed Prohibited
Governance: Rules & Regulation Handbook 2021-22
Applicable Language: §127-2-11. Amateur, §127-3-5. Awards
Notes: The current regulations are unclear on the topic of NIL. Subsection 127 states a student-athlete loses their amateurism status by, “capitalizing on athletic fame by receiving money or gifts of monetary value (scholarships to institutions of higher learning are specifically exempted)”.
WISCONSIN
Governing Body: Wisconsin Interscholastic Athletic Association
State NIL Law: N/A
Status: Under Membership Considerations
Governance: WIAA High School Rules
Applicable Language: III. Students, C. Amateur Status
Notes: The current regulations prohibit student-athletes from monetizing their NIL. Further information from the administration confirmed Section III which states a student-athlete’s amateurism status is lost by “receiving compensation or benefit, directly or indirectly, for the use of name, picture and/or personal appearance as an athlete because of ability, potential and/or performance as an athlete”.
WYOMING
Governing Body: Wyoming High School Activities Association
State NIL Law: N/A
Status: Under Membership Considerations
Governance: Handbook
Applicable Language: 2.7.0 WHSAA Awards, 5.7.0 Amateur Standards
Notes: The current regulations prohibit student-athletes from monetizing their NIL. Further information from the administration confirmed Section 5.7.0 which states a student-athlete’s amateurism status is lost by receiving “capitalizing on athletic fame by receiving money, gifts of monetary value, or merchandise”. However, there has been more discussion within the membership and NIL is planned to be addressed in the February Board meeting.
About this data
This information was gathered in three phases – first, the individual states with NIL laws in place were examined for provisions applicable to high school and prospective student-athletes. In most cases, the NIL State laws were isolated to collegiate student-athletes. Second, the National Federation of State High School Associations (NFHS) member and affiliate state associations handbooks were individually analyzed, specifically the amateurism and awards-based policies. Finally, in order to provide the most comprehensive answers, direct contact was made via email and phone with each athletic association. If a clear response was provided directly from a member of the association’s staff, the status was updated to one of the following;
- “Confirmed Permitted”, meaning, under the existing bylaws, it is confirmed that high school student-athletes under the corresponding association have the freedom to monetize their NIL, to varying degrees.
- “Under Membership Considerations”, meaning, under the existing bylaws, it is confirmed NIL and amateurism rules will be discussed and/or addressed in upcoming leadership meetings.
- “Confirmed Prohibited”, meaning, under the existing bylaws, it is confirmed that high school student-athletes under the corresponding association are prohibited from being compensated for their NIL.
This data is intended to encompass the varying permissibility of NIL opportunities available to student-athletes. If there is any information which appears to be incorrect, please contact NIL Specialist, Braly Keller (braly.keller@opendorse.com).
Your analysis re Virginia is not correct – NIL for college athletes was authorized by a special provision in the budget bill enacted August 10, 2021 – http://leg1.state.va.us/cgi-bin/legp504.exe?213+ful+CHAP0001
see 18.a near the end of this lengthy budget bill.