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 Foster, Torri 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