High School Status
Permitted
High School Governing Body
Status
What We Discovered
Illinois was the 25th state to permit Name, Image, and Likeness at the high school level. The Illinois High School Association (IHSA) has released modified bylaws for Name, Image, and Likeness stating that “A student in a member school may earn compensation from the use of the name, image, and likeness”. While NIL activities are permitted, the NIL cannot be based on performance, and no institutional marks may be used while participating in an NIL deal. Vice industry restrictions also apply.
Summary
College
NIL Law: Senate Bill 2338
Abstract | Full Law | Passed: 6/29/2021 | Effective: 7/1/2021
NIL Law: House Bill 1175
Abstract | Full Law | Passed: 5/20/2022 | Effective: 5/20/2022
SB 2338 prohibits athletes from profiting off of their NIL prior to their enrollment at a postsecondary institution. College athletes can monetize their NIL, but must sign a written contract for all publicity rights agreements above $500 in value, and must disclose all contracts to their university. Athletes may not profit from NIL deals that involve certain industries, including those promoting gambling, alcohol, cannabis, controlled substances, tobacco, alternative or electronic nicotine delivery systems, adult entertainment, or any other industry or brand that may tarnish a university’s reputation.
In May 2022, lawmakers amended this legislation removing the prohibition of schools from directly or indirectly arranging for third parties to provide compensation to a prospective or current student-athlete. Read the full bill for additional changes made to the NIL law.
Summary
High School
Illinois has become the 25th state to permit Name, Image, and Likeness at the high school level. The Illinois High School Association has released modified bylaws for Name, Image, and Likeness stating that “A student in a member school may earn compensation from the use of the name, image, and likeness”. While NIL activities are permitted, the NIL cannot be based upon performance, and no institutional marks may be used while participating in an NIL deal. Vice industry restrictions also apply. For more, please see the guidelines linked on this page.
Bylaws | IHSA Handbook
Excerpt | 3.083 Amateurism
A student in a member school may accept any other award for participation in an athletic contest, or for
athletic honors or recognition subject to these By-laws, which does not exceed $75 $150 in fair market
value, in the following sports: badminton, baseball, basketball, bowling, cross country, football, golf,
gymnastics, lacrosse, soccer, softball, swimming, tennis, track and field, volleyball, wrestling, and any other
sport in which the student’s school provides interscholastic competition. Provided the award shall not be
provided in exchange for any athletic performance or achievement; the award shall not be provided as an
inducement to attend a particular member school or to remain enrolled in any member school; and the
award shall not be provided by a member school or an agent of a member school. In addition, a student in
a member school may receive and retain items of wearing apparel which are worn for non-school athletic
competition as part of a team uniform provided for and worn by the student during competition.
3.084 A student in a member school may earn compensation from the use of the name, image, and likeness
(“NIL Activity”), subject to these By-laws and Board Policy number XXXX. For purposes of this By-law,
“NIL Activity” means any activity for which a student in a member school performs any work, service,
endorsement, or makes any appearance, in exchange for compensation or other remuneration as
determined by the Board of defined in the Board Policies.