Ohio has stepped into an unprecedented new chapter of high school athletics. Following months of pressure due to ongoing litigation, along a rapidly changing national landscape for student-athletes, member schools of the Ohio High School Athletic Association (OHSAA) voted to permit high school athletes to earn compensation for the use of their name, image and likeness (NIL). This marks the first time in Ohio’s history that student-athletes may lawfully receive personal-branding income during their high school careers.
While the decision aligns Ohio with the overwhelming majority of states that already allow high school NIL activity, the shift occurred amid legal uncertainty, regulatory scrutiny and legislative disagreement. For families, school administrators and companies working with student-athletes, this new environment demands careful attention to compliance rules, OHSAA limitations and individual contracts.
How Ohio Reached This Turning Point
As previously covered by KJK, the policy shift was prompted by a lawsuit filed in October 2025 (Jasmine Brown v. Ohio High School Athletic Association) by the mother of a top high school wide receiver, which argued the previous prohibition on NIL compensation unlawfully denied Ohio students the ability to monetize their personal brands. On October 20, 2025, Franklin County Court of Common Pleas Judge [ADD] issued a temporary restraining order suspending enforcement of the ban, permitting student-athletes to engage in NIL activity immediately, shielded by judicial oversight. With the restraining order in effect, OHSAA accelerated its internal process and called an emergency referendum among its member schools. On November 24, 2025, the referendum passed: 447 schools voted in favor, 121 opposed and 247 abstained. As a result, Ohio becomes the 45th U.S. state to allow high-school level NIL compensation.
What the New NIL Bylaw Permits & Prohibits
OHSAA’s newly adopted bylaw authorizes high school athletes to enter into NIL agreements across a wide range of activities, including personal appearances, endorsements and digital marketing. However, the bylaw preserves traditional amateurism concepts and imposes several critical restrictions:
Permitted Activities
- Athletes Can Profit from NIL. Athletes may receive compensation for using their name, image or likeness in commercial settings.
- Athletes Can Make NIL Deals Directly. NIL arrangements may be made directly between the athlete (or parent/guardian if the athlete is a minor) and a business or third party.
- NIL Compensation. Compensation is not limited to cash; it may include goods or services.
Key Restrictions
- No pay-for-play. NIL compensation cannot be tied to athletic performance, statistics, awards or playing time.
- No recruiting inducements. NIL deals cannot be used to persuade a student-athlete to attend a school.
- No use of school IP. School names, logos, uniforms, mascots and trademarks cannot appear in NIL promotions.
- Mandatory disclosure. Athletes must report NIL contracts to the OHSAA within the required timeframe of fourteen days.
- Prohibited industries. NIL deals involving gambling, adult content, alcohol, tobacco, controlled substances and similar categories are not allowed.
These limitations place Ohio roughly in line with other states’ high school NIL frameworks, but the compliance obligations will require significant education development by high schools for student-athletes, coaches and staff alike.
Contracting With Minors: A Unique Legal Challenge
Unlike at the collegiate level, most high school athletes are minors, which raises several contract-law considerations:
- Voidability: Contracts with minors may be disaffirmed, creating risk for companies relying on long-term agreements.
- Parental or guardian approval: To reduce challenges to NIL contacts’ enforceability, businesses should require formal parental consent and signature.
- Scope and duration: Long-term or overly restrictive agreements may face heightened scrutiny by courts under both contract and public-policy principles.
- Fiduciary responsibilities: Agents or marketing representatives must be mindful of duties owed to minors and potential licensing requirements.
Because NIL agreements often involve promotional obligations, royalties or continuing digital rights, the need for precise drafting, tailored to the minor’s legal capacity, is essential.
Compliance Obligations for Schools and Districts
Schools should adopt proactive measures to minimize risk such as:
- Implementing a formal NIL policy outlining disclosure requirements, prohibited conduct, and staff responsibilities.
- Training coaches and administrators on permissible interactions with businesses and families.
- Establishing boundaries between school-sponsored activities and private NIL engagements.
- Creating reporting protocols to ensure timely submission of NIL contracts to OHSAA.
The failure to monitor NIL activity by schools and districts could lead to eligibility issues or violations of OHSAA bylaws.
Legislative Uncertainty: The Debate Is Not Over
Despite OHSAA’s approval, some lawmakers seek to reverse course. A bill sponsored by Rep. Adam Bird proposes banning NIL compensation for high school athletes, citing concerns about the commercialization of high school sports. Whether this legislation advances remains uncertain. Stakeholders should monitor the status of the bill closely, as statutory changes could override OHSAA’s authority.
Conclusion
Ohio’s adoption of high school NIL represents a significant change in how student-athletes may leverage their personal brand. For schools, families and businesses, this new environment offers opportunity but also brings heightened legal, contractual and regulatory challenges.
Contact
KJK assists schools, parents and companies in developing compliant NIL strategies, drafting agreements that protect minors and navigating the evolving legal landscape. Should you need guidance on NIL compliance or contract formation, please contact KJK attorneys David Campbell (JDC@kjk.com), Daniel Walsh (DJW@kjk.com), Jace D. Libman-Phelps (JDL@kjk.com) or TJ Hunt (TJH@kjk.com).