Georgia High School Association approves NIL deals for athletes

Jeremy Crabtreeby:Jeremy Crabtree10/02/23

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The Georgia High School Association amended its bylaws on Monday to allow high school student-athletes to participate in NIL without losing their eligibility. The new policy passed by a vote of 65-10, according to the minutes of the GHSA state executive committee.

With the change, 34 local athletic associations now allow student-athletes to participate in NIL activities without forfeiting playing high school sports.

The exact number of high school associations that allow NIL is somewhat murky because of limitations with some activities and pending state legislation. But it does not diminish the news that a football powerhouse state like Georgia now allows it.

“While adding another state to the list of states that permit high school NIL has become more common in 2023, adding Georgia to this list is a momentous occasion considering most southern high school athletic associations have refused to amend their amateurism policies the last few years while many others have made such amendments,” Dan Greene, a NIL expert and associate attorney at Newman & Lickstein in Syracuse, N.Y., told On3.

“NIL, like many industries, has proven to be a copycat industry where everyone wants to be able to keep up with their peers. Now that Georgia high school athletes can monetize their NIL, I wouldn’t be surprised if Florida and Alabama are next considering their proximity and competition on the gridiron. Perhaps these other associations will realize that the ‘Wild, Wild West’ aspect of NIL has either come and gone or is not as big as some others have made it out to be.”

It remains unclear when the policy will go into effect, but local publications reported it would go into effect immediately.

State of NIL in the Southeast

In the southeast, Arkansas, Louisiana, Kentucky and Tennessee high school associations allow NIL activities in some fashion for its student-athletes. The North Carolina High School Athletic Association technically approved a new NIL policy in May. But that change is currently tied up in a legal tug-of-war with the State Board of Education.

Other state associations in Alabama, Florida, Mississippi, South Carolina and Texas do not allow high school athletes to engage in NIL activities and still play high school sports.

Where is NIL allowed for high school athletes?

But Georgia – which alone has 46 football recruits in the Class of 2024 ranked four stars or higher – is noteworthy and could spark other state associations to make changes.

Even GHSA executive director Dr. Robin Hines indicated in an earlier interview with On3 that a change in Georgia could create a tipping point.

“In Georgia, we stand alone, and we make our own decisions,” Hines said. “But I’ve been told if once we do it, it’ll make it easier for some of those other states to come on.”

What’s in the GHSA policy?

The changes from the GHSA come with limitations – many of which mirror what’s been passed by in the last year by other state associations.

NIL deals cannot be linked to a specific achievement or performance, and athletes won’t be allowed to use their schools’ name, logos or uniforms or other intellectual property – including GHSA names or any GHSA-sponsored competition footage. Schools or school representatives may not use NIL deals to entice athletes to enroll or remain at their schools.

Even though he supports the new policy, GHSA president Jim Finch told Georgia High School Football Daily that he still has concerns about its long-term impact.

“I’m not convinced buffer personnel or a line item in a booster club’s budget won’t find their way into the NIL world, which could in turn influence a student to attend or transfer from a certain school,” Finch told Georgia High School Football Daily. “I want to be positive, not jaded, about this new landscape. But I’m also trying to be real and not naïve.”

Who could benefit from NIL changes in Georgia?

Georgia, especially the Atlanta area, is a destination spot for football recruiters in every power conference in the country. In fact, the 2024 class features five-star prospects like safety KJ Bolden, linebacker Sammy Brown, quarterback Dylan Raiola, receiver Mike Matthews, defensive lineman Eddrick Houston and Air Noland.

All six are already committed to top-level programs and the changes would allow them to participate in NIL – even with companies tied to their future college destinations.

But a big winner could be 2026 four-star quarterback recruit and USC commit Julian Lewis out of Carrollton, Georgia. He’s viewed by many as the top quarterback prospect in the high school ranks regardless of class. Plus, he’s already put himself in a position to cash in on NIL.

The 6-foot, 185-pound Lewis has become a bit of a social media sensation, boasting more than 192,000 followers. That following count can equal real brand dollars down the road for the quarterback.

“JuJu is probably the reason that NIL is being looked at hard in Georgia because I don’t care who you are, and what side of the fence you’re on, you got to look at this at some point as a parent and know that young man could have major opportunities,” On3’s Rusty Mansell, a prominent voice in Georgia high school football, previously said.