NIL has created avenues for talented athletes to transform themselves into marketable, celebrity figures. For some, these opportunities are accompanied by lucrative deals surpassing dollar amounts most Americans may never see. Although there has been much focus on name, image, and likeness (NIL) within college athletics, NIL also significantly impacts high school athletes. While NCAA rules permit a high school student-athlete to monetize their NIL prior to enrolling in college, doing so could violate their high school or high school athletic association’s rules and jeopardize their eligibility within their sport.
NIL Rules and Laws
Although the NCAA allows for the monetization of NIL for college athletes, that does not automatically confer the right to do so for high school athletes. The NCAA’s NIL rules do not override state laws, high school rules, or state high school athletic association (HSAA) NIL rules. This means high school student-athletes need to review the NIL rules and laws in the state where their school is located and check with their athletic department for any school and conference-specific rules to understand what limitations they will have on their NIL activities.
States That Allow High School NIL
Currently, only 19 states make explicitly clear that high school student athletes are permitted to monetize their NIL. The only states (and District) that explicitly permit high school athlete monetization either by law or through HSAA rules are:
- Alaska,
- California,
- Colorado,
- Connecticut,
- District of Columbia,
- Idaho,
- Iowa,
- Kansas,
- Louisiana,
- Maine,
- Massachusetts,
- Minnesota,
- Nebraska,
- Nevada (limited),
- North Dakota,
- New Jersey,
- New York,
- Oregon,
- Utah.
While a lot of states still prohibit high schoolers from engaging in NIL activity, states and HSAAs are continuously updating their rules and laws.
For example, Iowa has recently announced a new set of NIL rules for high school sports in the state, that allow athletes to earn money for their NIL. There are various limitations that come with the new rules. Among these limitations, Iowa prohibits: the use of any mascots or logos of their governing body and its member schools; use of school facilities for NIL activity; sponsorship in certain industries; and booster club or associated foundation compensation, among other things.
For high school student-athletes considering NIL opportunities, it is important to understand your state’s NIL law and how it applies to high school athletes. Moreover, it is important to understand any relevant HSAA rules regulating student-athlete NIL. Consulting with legal counsel is advised before engaging in any NIL activities.
