Currently there are 39 states that allow high school student to participate (and profit) in the NIL landscape without forfeiting their high school eligibility. Among the states that don't allow (public) high school students to participate are Alabama, Indiana, Ohio, Texas, and North Carolina. I'm sure they all have their eyes on this case that was filed in NC recently...
"The State Board of Education was asked to create rules allowing public high school athletes to use their NIL -- it was not empowered to ban it," Charlotte-based attorney Mike Ingersoll said in a statement to The Charlotte Observer. "We look forward to correcting the State Board's error and to help our client benefit from the incredible value and opportunities his hard work and commitment have created for his name, image, and likeness."
There's probably enough momentum there to change the rules. The private schoolers can participate since they fall outside the purview of the NCISAA (independent School) not the NCHSAA (High School) after an update beginning for the 2024-25 season moving forward. The state legislature shut it down for the public schools in 2023 and stripped some powers away from the NCHSAA.
Makes you wonder if it were a basketball player pushing the envelope in NC would this have been turned already. Or is the simple "work around" just send the kid to private school where it is allowed? Same thought in Indiana. Ohio and Alabama seem to be the head scratchers here since there are 39 states that have gotten on board with it. Texas, well, they can't all agree. Too many D1 schools pulling in all sorts of directions, and I'm sure those big boy recruits in Lone Star state are already being taken care of quite well.

Comments
FYI, article on the those that don't allow it currently...
https://www.on3.com/nil/news/where-is-nil-name-image-likeness-prohibited-for-high-school-athletes-hs-football-basketball/
The biggest change here was Florida reversing their position. IMG Academy was the main push to get it changed there so it's allowed now.
At a certain point, this calls into question whether or not this can be qualified as child labor, which opens up a whole other can of worms.
as long as the government can figure out a way to levy taxes they'll make it work
What about the kids who make $20k a month playing with toys on YouTube?
They file 1099's and pay 40% tax on it for one. For 2- if they are doing that, it's alot more marketable than High School football that loses money in droves and has PE teachers making 50 K per year as head coaches in most of america. The market for you tube toy person is much higher than HS football which begs for volunteers for ref payments and uniforms.
1) NIL payments come with a 1099 as well...they are paying taxes on it since it's income.
B. "Marketable" and "Marketabilty" is subjective. We;ve had this discussion before. You, yourself, are NOT the target of many things that college or even high school NIL payees are marketing. It's up to the payer to determine.
To reiterate DC's point (but in a friendlier way), I have to imagine that very few of these players (high school or college) are being paid to actually endorse a brand. In these cases, we call it an endorsement, but really it's paying someone to be on a roster.
Personally, I don't have a problem with this in college. But at high school, it's gets dicey.
Yes... alright boys- hop on the yellow bus we are going down the road to play washington high. Bring your own gatorade and helmet that your parents had to help pay for because the county has no budget. We will be playing in front of 200 people tonight guys. Also fella's make sure you pick up your 50K dollar checks from Hardees, since you know, people buy hamburgers because they know you.
And the worst part is that it will inevitably kill off high school sports that aren't football or basketball just like what is happening in college.
And that would be a huge problem, as so much of the high school experience is after school sports or activities, leading to an increase in kids with nothing to do after 3 or 4pm
It represents none of the real world. None. I know drummers and am golfers personally that beg for any small little endorsement or free sticks/golf balls- and most of the time they are denied. These are actual adults that have been professionals on some level. Endorsements (in the real world) are very tough to get- you have to actually have value in terms of selling the product- imagine that??? Nobody on this board or anywhere will ever convince me that a high school football player moves product in any way. You will never convince me of that. I coached high school football. I went to high school- yes believe it or not- lol- I and none of you are stupid. This is a bunch of loser ex-jocks with money to waste paying high school kids who can't read on grade level to win one for good ole parker high. It's beyond fucked up. And its wrong.
The only thing I can think of is how my (very) small town high school would have partnerships with local businesses where you could buy a punch card at the beginning of the year for like $50 from the high school that supported the school and then you got discounts at local restaurants. Technically each restaurant is donating money to the school in return for the marketing benefit of people that support that school going to their restaurant to get a free drink with their $40 meal.
I think it is insane for any real high school that is functioning as athletics being a piece of a balanced education for tomorrows workforce / adults to move away to a pure pay for play, though. It is bad enough at a college level where it is arguably professional, but at a public school level you are sacrificing education through sports opportunities for .... what?
Booster fundraising has been around for ever, so have coupon books supporting- xyz schools, bands, etc. I get that and have no problem with it. The point I am making is that those businesses sell those coupon books regardless of WHO is on the team and what the team does. They don't pay johnny QB to endorse their store- primarily because nobody could point out johnny hs QB in a lineup. Everyone on this board fully understands how few HS players actually play D1 college, right? minuscule %. my high school went decades without one D1 prospect. d2-d3 prospects are AT best what the very best of most high schools have. And as I said- nobody on earth will convince me they have real market value at 17 years old not playing on TV. nobody.
I don't think NIL is the driving factor here; the 'privatization' (for lack of a better term?) of little league is a way bigger issue imo.
Parents are picking up more and more of costs. Wealthier parents are paying for private coaches and travel leagues and the gear that comes with it. Underprivileged kids don't really get a shot unless their athleticism shines through early enough that they get financial help. Individual sports are already so far gone - tennis, golf, gymnastics, swimming, etc - if you do any of these sports you don't waste your time playing high school. Now soccer and baseball... you have kids under 10 traveling hours every weekend to play
TL:DR - im way more concerned about how economic inequity will Impact high school sports than I am 'NIL'
Yet the parents money is not enough. We need NIL payments too... because go team.
This x40000
High schools are going to start to look at sports from a purely dollars and cents standpoint.
In order to remain competitive in the "profit" sports money is going to have to be diverted from the zero profit sports.
Need a nice big stadium for the advertisers to put up their banners (where I would suspect most of the $NIL would come from).
Also, if you want to have a chance at the top athletes, you're going to have to have nice facilities, training areas, gear, ect.
Wait...your 15 year-old plays on the high school tennis team really just because they enjoy the sport?
Well guess what, forget them...we dissolved the tennis team...tell them to go find a park somewhere...we have to find a way to get our starting PG a lease on a BMW and not buying tennis uniforms frees up some cash
NIL (or whatever you want to call it, because it certainly isn't based on an tangible, real-world "value") is the literal definition of money down the drain and has evolved to the edge of insanity at this point.
Parents volunteer to sell fucking hot dogs so kids can have uniforms, but also this. Fucking ridiculous and insane- on every level. People bitch about food and gas and rent prices... and also- lets pay high school football players who have literally no NIL value. Nobody knows who they are except their parents and demented jock sniffer 50 year old men. fucking ridiculous.
If some company is willing to pay this kid let them. As long as it's being earned (signing autographs, public appearances, etc) I have no issues with it and it would put public school kids on an even platform as private school kids
No reputable company is willing to take a loss to pay a high school kid nobody knows but his parents cash. No company takes losses for fun. Now, who IS willing to pay a high school football player is a loser with disposable cash that wants to re-live his glory days as a running back for lincoln high school when he had a rifle in the window of his truck. Those losers WILL pay unknown high school football players and not expect any return but a win on friday night. It's fucking twisted on every level. Speaking of which how much profit is Arch Manning creating for his owners these days as a back up QB? Are people buying BBQ and Beer because they see him with a clipboard? thought so.
What would you prefer those people do with their money instead? Cause they are gonna pend it regardless, now its just more "above board". Is a countrywide (re)education program for fiscal responsibility in the cards? I understand why you don't like it - what do you think should be done about it?
Donate it to a charity, invest it, buy a Rivian, Buy a boat, order beef from snake river farms- do all of those things at once, pay for your great grandkids college so they don't have loans. Literally anything other than make high school football a professional league. Anyone that argues for that is insane, WADR. Does tee ball need salaries too now? Fucking absurd. No HS football team in America makes a profit. none of them. and 90% of the coaches make 35 bucks an hour and also teach history. Fucking absurd on all levels.
And you are blanketly assuming that ZERO of this is occurring at the moment with them. It's their money man. But don't act like none of this is happening and they are effectively creating gaps in their own lineage.
Oh I'm sure losers in the south are bribing promising HS football players with money. Oh, no question. And the Bama's, Auburns, etc are in on it... go team.
This is what I was referencing. Now they are losers and bribing people.....
We ALL get you hate this. But stop making up fake scenarios then changing course.
What would compel you to put a high school football player on your payroll? Honest question. Just money to burn?
There is such a wealth gap in our country (and world) that there are people out there that they don't even register this as money. I was just listening to a podcast about WeWork and how they were asking a guy to invest $13 billion. He said it was a stupid idea and didn't see the potential in what they were pitching.
So instead he only invested $2 billion. Two. Billion. Dollars. That he knew was a bad idea. There are plenty of people out there that do just burn money. So there shouldn't be a surprise when a person who has more money than they know what to do with and take such an interest in high school sports that they can just throw money at it to see the team they like succeed.
I'm not in a position to do that. I donate to the Hokie Club directly, not to any NIL or have the means to support and NIL participant of my own.
But that doesn't mean others don't. It think it's silly to drive a car that can go 200mph in a city, but people do it all of the time. It's there bread to spend. I'm not defending, but you ARE attacking. You are making broad statements about them, broad assumptions, then changing the course of the convo.
Like I said, we know you don't like it. Fine.
BUT....to your question here, I have sponsored players in the past. I've bought cookies at a bake sale, or at a fund raiser, or given extra at a pizza party because a few kids didn't have the means to afford the travel or equipment. And their presence on the team meant there was a team, not just 11 kids for 11 spots. But 15 kids for 11 spots, so there were subs. And they added to the team, not just numbers. Were they the best on the team? No. Were they the worst on the team? No. Were they appreciative and ecstatic joining every day in practice and game days? Absolutely. That's what made me spend my dollar on a kid so they could be a kid and the other kids could have the experience without it being shut down due to numbers. Do I have deep pockets? No. Do I have a little extra that I can afford this? Yes. I was often the chaprone to 2 or 3 other players when we went away for weekend soccer tournaments. Bought them hotel rooms, Gatorade, food. But if that didn't happen, none of the other kids got to play in the tournament because of the numbers.
Was it NIL money? No. But these kids weren't out there making $50k off the local pizza shop anyway. That pizza shop owner knows a billboard on the outfield of the minor league team and an SUV with a wrap go further. So he's handing out $100 bills to the player of the game or something. He's sponsoring the team for a tournament. He's covering a hotel room or 3. They aren't out there lighting cigars with c-notes and dropping a suitcase full of hundies to a 15 year old kid.
I respect this, so to your last point if they banned this altogether and got money completely out of High School sports, it wouldn't be that big of a deal anyway.
Meant as a reply to DC above
Faizon Brandon's (#1 QB in Class of 25) mother has brought a lawsuit against North Carolina Board of Education for blocking her son from earning NIL money at his public high school, citing an offer of millions from a notable trading card company for signing cards/memorabilia, focused on the fact that there is no guarantee he can obtain this deal later.
https://www.si.com/fannation/name-image-likeness/nil-news/4-star-tenness...
Man, it's so hard to be a hs athlete in NC these days