Which states allow high school NIL? All but six.
The short answer, as of October 1, 2026: every state permits some form of high-school NIL except Alabama, Arkansas, Hawaii, Mississippi, Texas, and Wyoming. That's 43 states plus Washington, D.C. that clearly allow it — we read every state association's 2026–27 rules to get there. (Arkansas allows NIL only for athletes committed to an Arkansas college; Texas allows deals only with colleges, from age 17.) South Carolina's 2026–27 rulebook contradicts itself (it says students "may not" earn NIL money, then lists the rules for earning it) — ask the SCHSL before signing.
We're going to do something unusual on this page and show our work — because when we went to re-check this, every national NIL tracker we looked at was wrong. So instead of borrowing a number, we read the holdout states' own rulebooks. Those citations are below. If you want to argue with the list, argue with the handbooks.
The six states that still say no
| State | The rule, in its own words | Source |
|---|---|---|
| Mississippi | The bluntest of the six. The amateur rule lists, among the acts that forfeit amateur standing: "The state of Mississippi does not allow NIL contracts for high school students." | MHSAA 2026–27 Handbook, Rule 2.39.2 |
| Hawaii | A student forfeits amateur status by "having entered into a name image likeness contract related to that sport." Note the nuance: it's sport-specific — losing amateur status in one sport doesn't end eligibility in another. | HHSAA Administrative Regulations, revised October 2025 |
| Alabama | No NIL permission exists. The words "NIL" and "likeness" appear nowhere in the handbook; the amateur rule governs: "An amateur is one who does not use his/her knowledge of athletics or athletic skill for gain." | AHSAA 2026–27 Handbook, Rule I §8 |
| Arkansas | The amateur rule bars pay "for permitting his/her name, picture, or person to be used to advertise, promote or recommend a product." The one exception is the state Publicity Rights Act, which only covers a student who has been accepted to, or signed to enroll at, an Arkansas college or university. So no brand deals for an ordinary high-school athlete. | AAA 2026–27 Handbook, Rule 11; Ark. Code § 4-75-1302(7)(A) (Act 589 of 2023) |
| Texas | A 2025 state law (HB 126) lets a high-schooler aged 17 or older sign NIL deals "ONLY with postsecondary institutions." Any NIL deal with anyone else — a brand, a business, a collective — "MAY NOT be executed until the prospective student-athlete has exhausted UIL eligibility." So no brand deals while playing high-school sports. | UIL NIL guidance (Section 441), updated July 15, 2025 |
| Wyoming | Also silent on NIL, with amateur standards that forfeit eligibility for "capitalizing on athletic fame by receiving money, gifts of monetary value, or merchandise." A 2025 proposal to permit NIL passed a first reading in April 2025 but failed on second reading in October 2025. | WHSAA 2026–27 Handbook, Rule 5.7 |
Handbooks, in order: Mississippi · Hawaii · Alabama · Wyoming.
Three states flipped since late 2025
Indiana — the newest, and the one everyone still gets wrong
The IHSAA board voted in May 2026 to permit NIL, and the rule is now printed in the association's own rulebook as Rule 5-7, "Personal Branding Activity." It takes effect with the 2026–27 school year, now under way. Under 5-7.2(b), students "may develop and monetize their personal brand through social media, personal appearances, and endorsements unrelated to their school athletic participation."
Prohibited under 5-7.3: any use of school name, nickname, mascot, logo or uniform; gambling and gaming; alcohol, tobacco, cannabis and banned substances; sexually explicit material; firearms — and school-affiliated NIL collectives. Source: IHSAA 2026–27 By-Laws.
If you're in Indiana and a tracker told you no, the tracker is out of date. Check the bylaw.
Michigan — January 2026
The MHSAA Representative Council approved an expansion of Personal Branding Activities effective January 27, 2026 (MHSAA press release).
Ohio — November 2025
OHSAA member schools passed the NIL referendum in November 2025 (OHSAA announcement). Worth watching: Ohio House Bill 661, introduced January 29, 2026 and sent to the House Education Committee on February 4, 2026, would ban NIL for Ohio middle- and high-school athletes and reverse that vote. As of September 2026 it is still in committee with no votes recorded. It's a serious rollback attempt — if you're in Ohio, this is the one to keep an eye on.
Why we stopped linking a national tracker
We used to point readers to a well-known national NIL tracker. We've removed that link, and here's the honest reason: when we re-checked it on August 1, 2026 it had last been updated in August 2025, still listed Michigan and Ohio as prohibiting, and disagreed with Mississippi's own handbook. When we checked on August 1, 2026, a second tracker still said Indiana prohibits — because it predates the May 2026 vote.
None of that is a knock on the people maintaining them. Fifty associations changing rules on their own calendars is genuinely hard to track. It just means a national scoreboard is the wrong tool for a decision this consequential. The state association is the only source that is never out of date, because it is the rule.
Florida parents: you're a yes
Florida allows high-school NIL under FHSAA Bylaw 9.10 (numbered 9.9 until the 2026–27 handbook), in force since the 2024–25 school year and unchanged in substance. Your athlete needs the GA1 Affidavit of Amateurism, your consent, and the standard guardrails — no pay for athletic performance, no school marks, no banned categories. The details are in our Florida NIL rules guide, and the association's own materials are at FHSAA NIL Resources.
One more thing: allowed is not the same as simple
Even in the 43 yes-states, the rules vary sharply — on parental consent, on whether a deal can reference the school at all, on which product categories are off-limits, and on whether an agent is permitted. "My state allows it" is the beginning of the homework, not the end of it. And whatever your state says, the money is still taxable: see NIL taxes for minors.
NIL for Kids is an independent educational resource by Teddy Dupay (FHSAA Hall of Famer) — not affiliated with the FHSAA, NCAA, or any state athletic association, and not legal advice. State rules change frequently; the six prohibitions above, and every other state's rule, were verified against each association's current published handbook on October 1, 2026, and the count of 43 states plus D.C. comes from reading each state association's own 2026–27 rules (or state law where it governs), not from a third-party tracker. Always confirm with your own state association before signing anything. Last reviewed October 1, 2026.