NIL Is Coming to a Highschool Near You

By Cam Van 

More than a year has passed since the US Supreme Court shook the athletic landscape with its earthquaking decision that gave hundreds of thousands of student-athletes the right to monetize their own Name, Image, and Likeness (NIL). While we already broke down what this meant for collegiate athletes, it’s time we take a look at how and whether high school athletes can do the same. Spoilers: it varies by state. Below is a comprehensive breakdown of the current high school NIL landscape with the caveat that things are rapidly changing. We’ll be sure to update this list as appropriate. 

The Bottom Line

While some states are slow to adopt, the trend is certainly to allow NIL in some regard. Each state has its own flavor and stipulations, so be sure to check up on your state’s specific handbook for more clarity where needed.  

State	NIL Allowed?	Governing Law	Summary
Alabama	No	Alabama Handbook	As of now, high school athletes are prohibited from NIL usage. Moreover, students cannot receive an award of more than $250 for their athletic efforts
Alaska	Yes	Alaska Handbook	Alaska gives the green light as long as there is no mention of school, team, or the Alaska School Activities Association
Arizona	Not Likely	Arizona Handbook	While it does explicitly say, the handbook has been interpreted broadly to disallow high school NIL by applying the ruling to athlates who “may be eligible in the future” for collegiate athletics
Arkansas	No	Arkansas Handbook	Athletes cannot directly or indirectly “accept gifts, products, awards or monetary compensation for permitting his/her name, picture, or person to be used.”
California	Yes	California Agent Law	California athletes can monetize their NIL so long as they follow these rules: “(3) 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; (4) Lending his/her name and team affiliation for purposes of commerical endorsement. Any appearances by students for nonprofit organizations must be approved by the Board of Trustees concerned. This provision is not intended to restrict the right of any student to participate in a commerical endorsement provided there is no school team or school affiliation.”
Colorado	Yes	Colorado Handbook	Athletes can’t use school marks, intellectual property, or equipment for their NIL deals.
Connecticut	Yes	Connecticut Handbook	Athletes must disclose their NIL deals and cannot use their school’s marks.
Delaware	No	Delaware Education Admin Code	This is expected to change in the coming months, but for now NIL is prohibited in Delaware.
Florida	No	Florida Handbook	Athletes will lose amateur status if they engage in activities that "capitaliz[e] on athletic fame by receiving money or gifts of a monetary nature."
Georgia	No	Georgia Handbook	Athletes lose amateur status if they compete for money or some other form of compensation with exceptions for travel, meals, and lodging. Cannot receive gifts other than college scholarship.
Hawaii	Unclear but unlikely	Hawaii Handbook	The Hawaii regulation doesn’t explicitly address NIL, but says that Students can lose their amateur status if they compete for moneyany organized athletic activity.
Idaho	No NIL Law (Student Athletes can generally profit off their NIL)	Idaho Handbook	Student Athlets can monetize their NIL as long as they do so without school, team, league, district or IHSAA affiliation.
Illinois	No but likely to change soon	Illinois Handbook	While the official by-laws prohibit NIL deals, the IHSA recently agreed to allow a junior the ability to sign an NIL deal, meaning that they will likely amend their by-laws in the coming months.
Indiana	No	Indiana Handbook	While athletes can appear in advertisements, they cannot receive compensation, as the IHSAA rules prohibit athletes from “capitaliz[ing] on athletic fame by receiving money or gifts of a monetary nature." Doing so forfeits their amateur status.
Iowa	Yes	Iowa Handbook	NIL deals are allowed as long as they are not contingent on athletic performance, play, or given by schools.
Kansas	Yes	Kansas Handbook	NIL is fair game as long as athletes do not connect themselves with their school in any commercial activity.
Kentucky	No	Kentucky Handbook	Athletes are prohibited from "capitalizing on athletic fame by receiving money or other gifts of monetary value not specifically approved.” An athletes’ use of their likeness in commercial endorsements is specifically prohibited.
Louisiana	Yes	Louisiana Handbook	NIL is widely available for students in LA, and the state has also a partnership with Eccker Sports for educational resources on NIL
Maine	Yes	Maine Handbook	NIL is widely available, so long as students do not use school logos, or engage in any NIL activities during team activities. There is also al ist of prohibited industries including adult entertainment products and services, alcohol, tobacco, cannabis, controlled dangerous substances, prescription pharmaceuticals, casinos and gambling (including sports betting, lotter, betting in video games, etc.), weapons, firearms and ammunition.
Maryland	No	Maryland Handbook	Maryland considers amateurs athletes who “have not used or are not using their athletic skill as players for financial gain, or who have not competed under assumed names as players”
Massachusetts	Yes	Massachusetts Handbook	NIL green light, but no school logo, apparel, or the MIAA logo in any NIL activities.r
Michigan	No	Michigan Handbook	While currently prohibited, the MHSAA admin reported there is “a discussion on the table” and they may (similar to Illinois) handle NIL opportunities on a case-by-case basis.
Minnesota	Yes	Minnesota Handbook	NIL greenlight, excluding gambling, alcohol, tobacco, druge, or weapons. Athletes also can’t use school logos or trademarks for their NIL activities.
Mississippi	No	Mississippi Handbook	Accepting cash will forfeit amateur status. Same for college athletes.
Missouri	No	Missouri Handbook	Students will lose amateurism status if they”capitalizing on athletic fame by receiving money, gifts of monetary value, or merchandise.” Gifts, benefits, awards, and opportunities given to all enrolled students at school will not compromise an athlete’s amateur status and award limits are not applicable
Montana	No	Montana Handbook	No NIL deals. An athlete looses amateur status if they accept NIL money, and no awards more than $100 in value.
Nebraska	Yes	Nebraska Handbook	Green light for NIL deals, but no compensation for coaching an NSAA approved sport during their sport’s season season
Nevada	No, but soon	Nevada Handbook	While monetizing NIL is currently prohibited, the NIAA board approved NIL related changes in March of 2021 which are expected to go into effect sometime in 2023.
New Hampshire	Not likley	New Hampshire Handbook	The handbook prohibits athletes from “appearing on radio or television related in any way to his/her athletic ability or prestige; the athlete may not under any circumstance receive remuneration for his/her appearance.” It is unclear whether this extends to NIL activities outside these areas.
New Jersey	Yes	New Jersey Handbook	NIL greenlight, although no use of NJSIAA or school logos in endorsements. Certain categories are prohibited from endorsing as well such as: adult entertainment products and services, alcohol products, tobacco and nicotine-related products, cannabis products, controlled dangerous substances, prescription pharmaceuticals, casinos and gambling (including sporst betting, the lottery, and betting in connection with video games, online games and mobile devices), and weapons/firearms/ammunition.
New Mexico	No	New Mexico Handbook	NIL is widely prohibited, and a student will lose their amateur status if they endorse products.
New York	Yes	New York Handbook	NIL greenlight, but prohibited from singing NIL deals “in affiliation” with their schools, section or the NYSPHSAA.
North Carolina	No	North Carolina Handbook	No NIL deals are prohibited, and an athlete loses amateur status if they accept money, but not including awards less than $250 in value.
North Dakota	Yes	North Dakota Handbook	NIL green light, with a prohibition of school uniform or logo use in NIL activities. No booster activities in NIL deals as well.
Ohio	No	Ohio Handbook	No NIL activity allowed. The OHSAA voted against an NIL proposal, saying they needed more preparation and education before allowing for NIL activations.
Oklahoma	Yes	Oklahoma Handbook	NIL greenlight. No school logos or uniforms. No pay for athletic achievement.
Oregon	Yes	Oregon NIL Approval	NIL greenlight so long as the deal is not for performance, achievement, enrollment or to rmain enrolled in specific schools, and no use of school marks, names mascots or trademarked OSSAA logos. No school facilities can be used, and no activities that conflict with a members school’s policy may be endorsed.
Pennsylvania	No but likely soon	Pennsylvania Handbook	No NIL deals for now but likely soon to come.
Rhode Island	No	Rhode Handbook	No NIL deals and students will lose their amateurism status if by “capitalizing on athletic fame by receiving money or gifts of monetary value."
South Carolina	No	South Carolina Handbook	No NIL monetization and no cash prizes.
South Dakota	No	South Dakota Handbook	Currently prohibited but SDHSAA is expected to explore NIL possibilities.
Tennessee	No	Tennessee Handbook	No NIL monetization, but likely to be reviewed in December meeting.
Texas	No	Texas Handbook	No NIL monetization prior to going to college.
Utah	Yes	Utah Handbook	NIL greenlight, but no school uniforms.
Vermont	No	Vermont Handbook	Currently no NIL monetization.
Virginia	No	Virginia Handbook	While no NIL monetization at this point, the Virginia governor vetoed a bill outright banning high school athlete NIL possibilities, so it may be close on the horizon.
Washington	No	Washington Handbook	No NIL monetization. Athletes cannot advertise or promote a commercial product or service.
Washington D.C.	Yes	DC Handbook	NIL greenlight. The handbook says that the amateur rules are not “"intended to restrict the right of any student to participate in a commercial or marketing endorsements," so long as there is no school logo or apparel usage.
West Virginia	No	West Virginia Handbook	No NIL monetization. Handbook asserts that athletes will lose their amateur status by “capitalizing on athletic fame by receiving money or gifts of monetary value (scholarships to institutions of higher learning are specifically exempted)."
Wisconsin	No	Wisconsin Handbook	No NIL monetization. Amateruism can be forfeit is an athlete ““receiv[es] compensation or benefit, directly or indirectly, for the use of name, picture and/or personal appearance."
Wyoming	No	Wyoming Handbook	Similar to Wisconsin, an athlete will lose amateur status if they “capitaliz[e] on athletic fame by receiving money, gifts of monetary value or merchandise.”

For other Name, Image, and Likeness resources, check out these articles:

• 10 Must Know NIL Contract Tips

• Resources, Online Communities, and Upcoming Events in NIL

• NIL Online Platforms

• NCAA Name, Image, and Likeness Scouting Report