High School Status
Permitted
High School Governing Body
NIL State Law
Status
What We Discovered
Louisiana state NIL laws (SB60, SB250) do not address NIL at the high school level. This gives the LHSAA, which governs high school athletics in Louisiana, the authority to make decisions regarding NIL. On April 7, 2022, the association’s executive committee released a positioning statement clarifying that its bylaws allow student-athletes to monetize their NIL. See the high school section below for more information.
Summary
College
NIL Law: Senate Bill 60
Abstract | Full Law | Passed: 6/10/2022 | Effective: 6/10/2022
Louisiana released SB 60 in July of 2021 before amending it with SB 250 in June of 2022 to make the bill less restrictive. The amendment maintained the original purpose of the bill, which was to allow student-athletes in the state to profit from their NIL. The amendment removed language prohibiting boosters and collectives from compensating athletes for NIL. It also removed language prohibiting schools, employees, and boosters from facilitating NIL deals or using NIL as an inducement in recruiting. Vice industry restrictions remain, preventing athletes from partnering with tobacco, gambling, and companies in industries of the sort. The bill also includes a requirement for at least five hours of financial literacy and life skills training twice before an athlete graduates. Athletes may not sign deals that extend beyond their time in college. Finally, the amendment includes some additional protections for athletes, including a stipulation that keeps all contractual details confidential and prevents them from becoming public records. For more information please see the full bill, attached above.
Summary
High School
The LHSAA bylaws allow high school student-athletes to monetize their NIL. The association’s executive board further clarified the language in its bylaws during its Spring 2022 meeting by approving and releasing a position statement (see below). LHSAA executive director, Eddie Bonine, said the association is educating individuals about NIL in their state association, not regulating it.
In that same meeting, the LHSAA unanimously approved a state-wide partnership with Eccker Sports to provide educational services and resources to help high school leadership and students navigate the challenges that NIL contracts are bringing to high school sports. The partnership requires high school athletic directors and principals in the state of Louisiana to take the NIL Playbook Course geared toward their roles in a student-athlete’s life. Coaches, student-athletes and their families throughout the state will also have access to the programming.
Bylaws | LHSAA Handbook
Excerpt | Section 1.25 Maintaining Amateur Status
An amateur athlete is one who takes part in one or more branches of athletics for the sake of the sport alone, without receiving or expecting to receive any financial remuneration of any form. No student shall, at any time, receive any salary or financial compensation, except actual expenses. A student who signs an athletic contract for any kind of pay shall be ineligible for further high school athletic participation in the LHSAA. Acceptance of a college grant-in-aid is acceptable and not a violation of this rule. The following acts shall be considered violations of the amateur rule:
1. Competition or exercise in any sport under an assumed name.
2. Directly or indirectly receiving pay or financial benefit in consideration of, or as a reward for, participating in any sport, in any public competition or exhibition, or disposing of prizes for personal gain.
3. Directly or indirectly receiving pay or financial benefit in consideration of, or as reward for, appearing in person at any competition, exhibition, or exercise in sports, other than officiating or instructing in a recognized recreation program.
4. Participation by a student, during the school year, in any public competition or exhibition as a team member or against a team consisting of one or more members who are professionals or former professional in some sport, without having obtained consent, in writing, from the principal of the school he/she attends before participating.
1.25.1 Students may officiate or serve as instructors in recreational sports as part of regular recreation programs and receive financial remuneration for these services during the entire year. Students may receive pay as lifeguards at swimming pools during the summer months.
1.25.2 If a student violates Bylaw 1.24 and returns any financial remuneration that he/she received to the applicable source prior to a penalty ruling being issued to his/her school and can document its return to the Executive Director’s satisfaction, the student’s eligibility shall be reinstated. Once a penalty ruling is issued to the school, the above rule shall not be applicable.
Positioning statement released by LHSAA during its Spring meeting on April 7, 2022:
“LHSAA bylaws do not prohibit student-athletes from engaging in certain commercial activities in their individual capacities. These activities, generally referred to as Name, Image and Likeness (NIL), will not jeopardize a student athlete’s amateur status if the student-athlete complies with LHSAA Bylaw 1.25 on “Maintaining Amateur Status” as well as all LHSAA Bylaws, policies, and regulations. Compliance with LHSAA Bylaws regarding NIL does not ensure maintenance of eligibility under the eligibility standards of other governing athletic organizations (e.g. NCAA, NAIA, NJCAA, national sports governing bodies, etc.). Student-athletes desiring information on the amateur rules of other governing organizations should consult with those organizations.”