If you searched “NIL rules by state,” the honest answer is: it depends which level you mean, and the ground has shifted twice in the past year. High school NIL is still governed state-by-state and association-by-association. College NIL, on the other hand, is no longer just a state-law question — it now runs through a federal court settlement, a centralized clearinghouse, and (as of April 2026) a presidential executive order pushing toward national standards. This guide breaks down both layers as they stand today.
High School NIL Rules by State
As of 2026, high school NIL is permitted in some form in the large majority of states — roughly 41 states now allow high school athletes to earn from their name, image, and likeness, though the details vary enormously. What’s allowed in one state is banned in the next, and what requires only a school disclosure in one state may require parental consent, association registration, or a full compliance review in another.
The Common Ground in Permitting States
Most states that allow high school NIL attach similar conditions, regardless of how liberal the underlying policy is:
- No use of school names, logos, mascots, or uniforms in a deal
- No NIL activity during school hours, practices, or competitions
- No deals that function as pay-for-play or recruiting inducements
- Restricted categories are typically off-limits: alcohol, tobacco, cannabis, gambling, and adult products
- Disclosure to the school or state athletic association, in many states
Representative State Categories
Rather than publish a 50-row list that’s guaranteed to be outdated within a season, here’s how states generally group as of 2026 — verify your own state before treating any of this as final:
| Category | General Approach | Examples |
|---|---|---|
| Broadly Permitted | NIL allowed with standard guardrails (no school marks, no recruiting inducements); relatively few extra hoops. | California, Florida, Georgia, Ohio, Pennsylvania, Arizona |
| Permitted With Added Conditions | NIL allowed but with extra requirements — parental consent, formal disclosure, or association registration. | Virginia, North Carolina, New Jersey |
| Restricted or Banned | State association prohibits high school NIL activity, or bans it for athletes tied to school competition. | Alabama, Indiana, Mississippi, Hawaii, Wyoming |
| Special Case | Public-school athletes (UIL) are generally barred from NIL tied to athletic fame; private-school athletes (TAPPS) face similar restrictions with narrow exceptions. | Texas |
If your state isn’t listed above, that’s intentional — state association rules are amended frequently enough that a static list goes stale fast. As part of high school NIL representation, we run a current rules check against your specific state and school district before any deal is signed.
College NIL in 2026: It’s Not Just State Law Anymore
For years, college NIL was governed primarily by a patchwork of state NIL statutes. That changed on July 1, 2025, when the House v. NCAA settlement took effect — and it changed again on April 3, 2026, when a new federal executive order pushed the sport toward national standards. Here’s the landscape as it stands.
The House Settlement & Revenue Sharing
The House settlement, approved by a federal court in June 2025, allows athletic departments to pay athletes directly for the first time in NCAA history. For the 2025–26 academic year, schools may share up to $20.5 million in athletic revenue with their athletes — a cap set at 22% of average Power Five shared revenue, scheduled to rise toward roughly $32.9 million by the end of the ten-year settlement term. Participation is optional per school, but most Power Four programs have opted in.
The College Sports Commission & NIL Go
Enforcement now runs through the College Sports Commission (CSC), which oversees compliance via a centralized clearinghouse called NIL Go, operated by Deloitte. Here’s the key distinction: revenue-share payments from a school to its own athletes do not go through NIL Go — only third-party NIL deals (brand endorsements, collectives, local sponsorships) require clearance.
- Any third-party deal over $600 must be disclosed within five business days, or the athlete risks ineligibility
- NIL Go evaluates deals against a “range of compensation” fair-market-value benchmark, now set around $15,000
- The system processes roughly 90 deals per day on average, with a large share resolved within 24 hours
- Hundreds of millions of dollars in deals have been cleared since the platform launched in June 2025
Federal Pressure: Executive Order 14400 & the Protect College Sports Act
On April 3, 2026, an executive order titled “Urgent National Action to Save College Sports” (Executive Order 14400) escalated federal involvement in college athletics well beyond the House settlement. It ties college athletics practices — NIL activity in particular — to federal funding eligibility, and pushes for national standards on eligibility, transfers, NIL, and revenue sharing through an interstate governance structure. Provisions include a five-year eligibility limit, restrictions on transfers, and a bar on former professional athletes returning to college competition. Key sections take effect August 1, 2026.
Separately, a bipartisan group of U.S. senators introduced the Protect College Sports Act of 2026, which would go further: a federal framework establishing uniform NIL, revenue-sharing, and eligibility standards nationwide, guaranteeing athletes an unrestricted right to earn from endorsements while requiring disclosure of deals over $600. As of publication, the bill has not been enacted — it remains proposed legislation, not current law.
The practical takeaway: the state-by-state college NIL statute patchwork that defined 2021–2024 is being actively displaced by federal action. Rules that applied even a year ago may no longer be accurate.
What This Means for Athletes and Families
- Don’t rely on last year’s rules. Both the high school and college NIL landscapes have changed materially in the past 12 months, and more federal action is expected through 2026.
- High school families: confirm your state association’s current position and your school district’s policy before signing anything — and understand that a deal permitted in a neighboring state may not be permitted in yours.
- College athletes: know whether a deal is a school revenue-share payment or a third-party deal — only the latter goes through NIL Go, and only deals over $600 require disclosure within five business days.
- Everyone: work with someone who tracks these changes for a living. A deal structured under outdated assumptions can cost eligibility, money, or both.