Next month, the Ohio High School Athletic Association
("OHSAA") member schools will vote on whether to allow
high school athletes to be paid for their name, image, and likeness
("NIL"). If approved, Ohio will join Alaska, California,
Colorado, Kansas, Louisiana, Nebraska, New Jersey, New York, and
Utah, which already allow high school athletes to profit from their
NIL. Other states, like Tennessee and Mississippi, recently amended
their NIL statutes in a manner that will likely allow for NIL in
high school sports.
The National Federation of State High School Associations
(NFHS), like the NCAA, has failed to act on the issue. NFHS has
maintained its July 7, 2021 position that changes in state law do
not affect high school student athletes. In other words, high
school athletes cannot earn NIL compensation. However, the
NFHS's position has been ignored and overruled by local
athletic associations or law in a growing number of states.
