High School NIL: State-by-state regulations for name, image and likeness rights

*Updated 5/24/2023*

On July 1, the athlete marketing world grew by nearly 500,000 student-athletes across college athletics. This led to two immediate questions: 

  1. How can I get paid?  
  1. 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. 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State NIL Law: Repealed State Law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: 2020-21 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”. Keep an eye on changes in Alabama as the legislative landscape continues to evolve.

ALASKA

Governing Body: Alaska School Activities Association

State NIL Law: N/A

Status: Confirmed Permissible

Governance: 2021-22 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 Prohibited

Governance: 2021-22 Constitution, Bylaws, Policies and Procedures

Applicable Language: 15.11 Amateur Rule

Notes: The current regulations prohibit student-athletes from monetizing their NIL. The 15.11 Amateur Rule states an amateur athlete is one who, “has never used or is not using his/her knowledge of athletics or athletic skill in an athletic contest for financial gain.” While additional context may be needed when considering NIL opportunities, officials from the AIA have noted there has been no change of status.

ARKANSAS

Governing Body: Arkansas Activities Association

State NIL Law: House Bill 1671 – does not apply to high school athletes

Status: Under Membership Considerations

Governance: 2019-20 Handbook

Applicable Language: Rule 10, Amateurism

Notes: The current regulations prohibit student-athletes from monetizing their NIL. Although it is noted that the AAA Board will reconvene in August for more formal coverage of NIL, Board meeting minutes from October 2022 show the topic is being studied.

CALIFORNIA

Governing Body: California Interscholastic Federation

State NIL Law: Senate Bill No. 26 – does not apply to high school athletes

Status: Confirmed Permitted

Governance: 2021-22 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: 2021-22 Constitution and 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: 2020-21 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: N/A

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 over the next several months.

DISTRICT OF COLUMBIA

Governing Body: District of Columbia State Athletic Association

State NIL Law: N/A

Status: Confirmed Permitted

Governance: 2022-23 Handbook

Applicable Language: Section H, Amateur Status

Notes: In August, the DCSAA released their 2022-23 Handbook which directly addresses NIL opportunities. 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 Prohibited

Governance: Bylaws of the Florida High School Athletic Association

Applicable Language: 9.9 Amateurism, 9.9.3 Permissible Awards, Gifts or Other Compensation

Notes: The current regulations prohibit student-athletes from monetizing their NIL. The amateurism bylaws read that a student-athlete loses their amateur status if they, “capitalizing on athletic fame by receiving money or gifts of a monetary nature”.

GEORGIA

Governing Body: Georgia High School Association

State NIL Law: House Bill 617 – Does not apply to high school athletes

Status: Under Membership Considerations

Governance: Constitution and Bylaws

Applicable Language: 1.90 Amateur Status/Awards

Notes: The current regulations prohibit student-athletes from monetizing their NIL. Further information from the administration confirmed that a student-athlete loses their amateur status if they, “capitalizing on athletic fame by receiving money or gifts with monetary value except college scholarships”. However, there is brewing discussion within the membership of a proposed rule change. Stay tuned for updates.

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 2022-23

Applicable Language: 3.080 Amateurism

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: Under Membership Considerations

Governance: 2021-22 By-Laws & Articles of Incorporation

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 recent Executive Committee report shows the IHSAA is actively researching 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: 2020-21 IHSAA Handbook & 2020-2021 IGHSAU By-Laws

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 2021-22

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 Prohibited

Governance: Bylaws of the Kentucky High School Athletic Association

Applicable Language: Bylaw 10 Amateur/Award

Notes: The current regulations prohibit student-athletes from monetizing their NIL. Bylaw 10 on amateurism states a student-athlete loses their amateur status if they are, “capitalizing on athletic fame by receiving money or other gifts of monetary value not specifically approved by Sec. 2 or 4 of this rule”. Section 2 and Section 4 pertain to scholarships and pre-approved awards not exceeding $300 in value.

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 2021— 2022 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: 2021-2022 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: 2022-23 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 July 1, 2021 – June 30, 2023

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: House Bill 5217 – Does not apply to high school athletes

Status: Under Membership Considerations

Governance: Coaches Guidebook 2021-22 

Applicable Language: VIII Eligibility Rules for Athletes

Notes: The current regulations prohibit student-athletes from monetizing their NIL. However, MHSAA administration has confirmed this is “a discussion on the table” and current inquiries around student-athlete NIL opportunities are being handled on a case-by-case basis. Following the May meeting, the following regulation was updated by the Representative Council of the MHSAA related to NIL and amateurism within MHSAA regulations:

“Regulation 1, Section 11, Interpretation 150: A student may never be paid or given merchandise or privileges in exchange for a commercial endorsement, autograph, photograph or appearance fee based upon athletic participation, ability, achievements or potential in MHSAA tournament sports. A student may not pose the school’s athletic uniform to promote a for-profit or non-profit non-school commercial enterprise, even if the student is not paid for the endorsement.”

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: 2021-2022 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 Prohibited

Governance: 2021 Official Handbook 

Applicable Language: 3.6.1 Amateur Status, 3.6.2 Awards

Notes: The current regulations prohibit student-athletes from monetizing their NIL. Section 3.6.1 on amateurism states a student-athlete loses their amateur status if they are, “capitalizing on athletic fame by receiving money, gifts of monetary value, or merchandise”.

Worth noting, if Governor Mike Parson signs House Bill 417 into law, this will allow high school student-athletes to monetize their NIL.

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: 2021-22 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 

StatusConfirmed Permitted

Governance2019-2020 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 

StatusConfirmed Permitted

GovernanceChapter 385B – Nevada Interscholastic Activities Association 

Applicable Language: NAC 385B.374, NAC 385B.650 

Notes: While the NIAA currently permits student-athletes to monetize their NIL dissociated from their school, the full NIL policy change is still in the works. Further information from the association established that the NIAA’s regulations are part of the administrative code of the State of Nevada, and revisions to these regulations would require action by the State government. Nonetheless, the NIAA Board approved a change to the Nevada Administrative Code (NAC), but it is still in a holding pattern with legislators until the changes are fully adopted.

NEW HAMPSHIRE

Governing Body: New Hampshire Interscholastic Athletic Association 

State NIL Law: N/A 

Status: Confirmed Permitted

GovernanceBY-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 

StatusConfirmed Permitted 

GovernanceNJSIAA GENERAL INFORMATION CONSTITUTION BY-LAWS RULES AND REGULATIONS 2020 – 2021 

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 Prohibited

GovernanceNMAA Handbook 

Applicable Language: 6.18 ATHLETIC AMATEUR STATUS 

Notes: The current regulations prohibit student-athletes from monetizing their NIL. Rule 6 on amateurism addresses a student-athlete loses their amateur status if they are endorsing a product. There is no expected discussions of the topic among the Board.

NEW YORK

Governing Body: New York State Public High School Athletic Association 

State NIL Law: N/A 

StatusConfirmed Permitted 

GovernanceNYSPHSAA 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 

StatusConfirmed Permitted

GovernanceNCHSAA Handbook 2020-2021 

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.

NORTH DAKOTA

Governing Body: North Dakota High School Activities Association 

State NIL Law: N/A 

Status: Confirmed Permitted

GovernanceConstitution and Bylaws, July 2021 

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 

StatusConfirmed Prohibited 

GovernanceOHSAA 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 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 and there is a strong chance the topic will surface for a vote again in 2023.

OKLAHOMA 

Governing Body: Oklahoma Secondary School Activities Association 

State NIL Law: Senate Bill 48 – Does not apply to high school athletes 

Status: Confirmed Permitted

GovernanceOSSAA 2021-2022 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 – Do not apply to high school athletes 

StatusConfirmed Permitted 

GovernanceOSAA 2021-22 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 

Governance2021-2022 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 

GovernanceRules 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 Prohibited 

Governance21-22 By-laws 

Applicable Language: ARTICLE IX – Awards, Section 14 Amateur Status 

Notes: The current regulations prohibit student-athletes from monetizing their NIL. However, Article IX on amateurism does not clearly address NIL, so further clarification is needed from the SCHSL. 

SOUTH DAKOTA

Governing Body: South Dakota High School Activities Association 

State NIL Law: N/A 

StatusUnder Membership Considerations 

GovernanceSouth 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 of action in Spring of 2023.

TENNESSEE 

Governing Body: Tennessee Secondary School Athletic Association 

State NIL Law: House Bill 1351 – Does not apply to high school athletes 

StatusConfirmed Permitted 

Governance2021-22 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: Under Membership Considerations 

Governance2021-2022 UIL Constitution 

Applicable Language: Section 441: AMATEUR ATHLETIC STATUS, Subchapter O. AWARDS 

Notes: The current regulations prohibit student-athletes from monetizing their NIL. Unlike most states, it is not the high school association prohibiting the opportunity, but rather the recently adopted NIL Texas State law.  However, legislators in the State of Texas introduced a bill in January 2023 seeking to change this. Track the progress of the bill here.

UTAH 

Governing Body: Utah High School Activities Association 

State NIL Law: N/A 

Status: Confirmed Permitted 

GovernanceHANDBOOK 2021-22 

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 Prohibited

GovernanceHigh School Policies 

Applicable Language: Amateur Status Rulings and Comments 

Notes: The current regulations prohibit student-athletes from engaging in NIL activities. Confirmation from the VPA administration conveyed the association will follow the lead of the NFHS.

VIRGINIA 

Governing Body: Virginia High School League 

State NIL Law: Senate Bill 223 – Does not apply to high school athletes

Status: Confirmed Permitted

GovernanceHandbook and Policy Manual 2019-20 

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 

Governance2022-2023 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

GovernanceRules & 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: Confirmed Prohibited 

Governance2020-21 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 

Governance2021-22 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 Permittedmeaning, 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).  

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