State-By-State High School NIL Laws: Where Can Student-Athletes Be Compensated?

College student-athletes have been starting to find creative ways to monetize their name, image and likeness (NIL) over the last three months after the NCAA Board of Directors suspended its rule limitations on July 1.

For swimmers, this has included the likes of Carson FosterTorri Huske and David Curtiss, to name a few.

But what about high school athletes?

In an article published on Opendorse, a company designed to maximize endorsement value for athletes, the current NIL regulations for high school athletes are broken down state-by-state.

The article first notes the decision made by football player Quinn Ewers in early August, where he opted to forgo his senior season at Carroll Senior High School in Texas to enroll at Ohio State University. One major reason for this decision was the restrictions he faced under Texas State Law, prohibiting any prospective student-athletes from being compensated for their NIL prior to enrolling in college.

Ewers followed up by signing a reported $1.4 million NIL deal after enrolling.

STATE-BY-STATE BREAKDOWN

Below is a list of all 50 states, plus Washington, D.C., and their current restrictions, according to Opendorse. For a detailed explanation of each state’s law, check out the article here.

A total of 16 states currently prohibit high school student-athletes from being compensated without question, while only three are confirmed to permit it. The rest are somewhere in between, either up for discussion in the near future or need further clarification.

CONFIRMED PERMITTED (3)

Only three states are “Confirmed Permitted,” meaning that, under existing bylaws, high school student-athletes have the freedom to monetize their NIL, to “varying degrees.”

  • California
  • Illinois
  • North Dakota

PERMITTED** (4)

The states listed as “Permitted**” generally say that there hasn’t been any direct confirmation from the administration, and existing amateurism rules don’t clearly address NIL opportunities. Further clarification is needed.

  • Minnesota
  • Utah
  • Vermont
  • Maine

UNDER MEMBERSHIP CONSIDERATIONS (11)

Any state listed “Under Membership Considerations” means that it’s been confirmed that NIL and amateurism rules will be discussed/addressed in upcoming leadership meetings.

  • Alaska
  • Idaho
  • Kansas
  • Michigan
  • Nebraska
  • New Jersey
  • New York
  • Ohio
  • Oregon
  • South Dakota
  • Tennessee

NEEDS CLARITY (11)

In the “Needs Clarity” section, “it appears high school student-athletes under the corresponding association may have the freedom to monetize their NIL, however the rules may only permit certain type of NIL activities.”

  • Arizona
  • Colorado
  • District of Columbia
  • Hawaii
  • Iowa
  • Louisiana
  • New Hampshire
  • Rhode Island
  • South Carolina
  • Washington
  • West Virginia

PROHIBITED** (6)

In these states, it appears high school student-athletes are prohibited from being compensated, but it hasn’t been confirmed.

  • Arkansas
  • Connecticut
  • Florida
  • Indiana
  • New Mexico
  • Oklahoma

CONFIRMED PROHIBITED (16)

In these states, it’s confirmed that high school student-athletes are prohibited from being compensated for their NIL.

  • Alabama
  • Delaware
  • Georgia
  • Kentucky
  • Maryland
  • Massachusetts
  • Mississippi
  • Missouri
  • Montana
  • Nevada
  • North Carolina
  • Pennsylvania
  • Texas
  • Virginia
  • Wisconsin
  • Wyoming

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WahooSwimFan
2 months ago

Virginia authorized college athletes to receive NIL compensation via provisions in the budget which was adopted August 10, 2021. See http://leg1.state.va.us/cgi-bin/legp504.exe?213+ful+CHAP0001

18.a. That no institution or an agent thereof; athletic association; athletic conference; or other organization with authority over intercollegiate athletics shall:

1. Provide a prospective or current student-athlete with compensation for the use of his or her name, image, or likeness;

2. Prohibit or prevent a student-athlete from earning compensation for the use of his or her name, image, or likeness, except as set forth in this subsection;

3. Prohibit or prevent a student-athlete from obtaining professional representation by an athlete agent licensed pursuant to Chapter 5.2 (§ 54.1-526 et seq.)… Read more »

About James Sutherland

James Sutherland

James swam five years at Laurentian University in Sudbury, Ontario, specializing in the 200 free, back and IM. He finished up his collegiate swimming career in 2018, graduating with a bachelor's degree in economics. In 2019 he completed his graduate degree in sports journalism. Prior to going to Laurentian, James swam …

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