Southeastern states continue to keep NIL out of high school sports

jeremycrabtree

While more and more states in the Southeast are relaxing their state laws to assist in NIL activities, not every high school athletic association in the region is doing the same. Take Mississippi for example.

Mississippi High School Activities Association executive director Rickey Neaves told The Star-Herald that the MHSAA will not alter its eligibility rules to allow high school student-athletes in the state to participate in NIL activities.

“We are not approving it at any level,” Neaves told The Star-Herald. “We feel like high school students are amateur athletes. We do not want to jeopardize their amateur status in any sport. We will leave that to the colleges. They’re too young to be making decisions like that.”

Most high school associations – including Texas, Florida and Georgia – have prohibited student-athletes from participating in NIL. Currently, only Alaska, California, Colorado, Connecticut, Idaho, Kansas, Louisiana, Maine, Minnesota, Nebraska, New Jersey, New York, North Dakota and Utah allow high school student-athletes to participate in NIL in high school and still play high school sports.

But in the group that allows it, state high school athletic associations in Colorado, Idaho, Louisiana, Maine, Minnesota, North Dakota and Utah changed their bylaws in 2022. That signals to some NIL experts that there’s momentum toward loosening the restrictions.

That’s especially true when you consider that a football powerhouse state like Pennsylvania appears on track to allow its student-athletes to engage in NIL initiatives. In mid-July, the Pennsylvania Interscholastic Athletic Association approved on first reading a policy to allow student-athletes to profit off NIL.

“We really need to probably get ahead of this and address it and put some parameters in place to guide students and their families so that they’re educated, and they know what they’re getting into,” PIAA Assistant Executive Director Melissa Mertz said.

Louisiana 1st in region to allow NIL for HS athletes

Louisiana is the only state in the Southeastern Conference recruiting footprint that allows NIL on the high school level. In early April, the Louisiana High School Athletic Association released a position statement clarifying that current amateurism rules do not prohibit NIL activities or jeopardize a student’s eligibility.

“As an education-based association, I think it is imperative that everyone associated with high school athletics in Louisiana is properly educated and informed on Name, Image, and Likeness,” said Eddie Bonine, Executive Director of the Louisiana High School Athletic Association. “There is a lot to NIL and it’s a moving target that we need to stay on top of.”

Mississippi not alone in its view in the Southeast

Other state associations in the Southeast don’t appear to be moving to follow Louisiana, though.

The by-laws of the Alabama High School Athletic Association prohibit a high school athlete from taking part in a NIL deal or opportunity. An AHSAA spokesman told The Tennessean schools would have to change current by-laws to further examine NIL.
According to the Arkansas Activities Association Board of Directors, NIL was discussed in October and January. During those meetings, the board said the association would discuss NIL in full “if it becomes a larger issue.”
The Florida High School Athletic Association rules on amateurism prohibit high school athletes from “capitalizing on athletic fame by receiving money or gifts of a monetary nature,” or else they risk losing a year of amateur status. The FHSAA last officially addressed NIL in July 2021. In January, two Florida high school student-athletes filed a lawsuit against the FHSAA challenging the restrictions. One of the athletes was Sal Stewart. He was picked by the Cincinnati Reds in the first round of the 2022 Major League Baseball draft.
The Georgia High School Athletic Association constitution says high school athletes risk forfeiting their amateur status by “capitalizing on athletic fame by receiving money or gifts with monetary value except for college scholarships.” The GHSA said in a July 2021 statement that its allowing state legislators handle any change NIL and since then there have been no proposals to discuss it by the membership.
Kentucky High School Athletic Association bylaws prohibit athletes from “capitalizing on athletic fame by receiving money or other gifts of monetary value not specifically approved,” which is a reference to college scholarships, which are allowed. The use of one’s likeness in a commercial endorsement is specifically not allowed.
The Missouri State High School Activities Association says an athlete loses their amateur status if they are, “capitalizing on athletic fame by receiving money, gifts of monetary value, or merchandise.” It’s unclear what MSHSAA’s latest view on NIL is, even after Missouri become one of the latest states to overall NIL legislation to give collectives and coaches more power at the college level.
By-laws for the North Carolina High School Athletic Association have language that prohibits a high school athlete from being paid, whether that’s off of their NIL or otherwise. Commissioner Que Tucker said NIL was discussed in April at a policy committee meeting but went no further.
South Carolina High School League Commissioner Jerome Singleton told The Greenville News that the association is “holding fast to what our rule is.” Current regulations prohibit student-athletes from monetizing their NIL. Athletes are also not allowed to compete for monetary prizes. “No participants may accept material awards in excess of actual expenses, including hotel bills and transportation.”
Tennessee Secondary School Athletic Association leaders told the Tennessean that NIL could be placed on the agenda when it meets again in December. But at this time, it’s unclear whether or not the TSSAA will move away from current guidelines banning NIL for student-athletes.
In Texas’ state law regarding NIL, it is outlined that prospective student-athletes are not allowed to monetize their NIL prior to their enrollment at a university. However, some lawmakers have signaled that they’ve open to having discussions about NIL in the next legislative session. Recently, the Texas High School Coaches Association announced it had partnered with Eccker Sports, a NIL education company. “We were wanting to make sure we have as much education to our coaches to so they can provide that to their kids,” THSCA Executive Director Joe Martin said. “We are not promoting NIL in high school athletes.”