HIGH SCHOOL E3C: STATE-BY-STATE REGULATIONS FOR NAME, IMAGE AND LIKENESS RIGHTS
On July 1, the athlete marketing world grew by nearly 500,000 student-athletes across college athletics. This led to two immediate questions:
- How can I get paid?
- And when can I start?
The first continues to be answered each day, with countless student-athletes monetizing their name, image and likeness (E3C) in a variety of creative ways. The second, however, remains in question for many high school athletes across the country.
On August 2, Quinn Ewers made national headlines with his decision to enroll at Ohio State, foregoing his senior season of football at Texas powerhouse Carroll Senior High School. One underlying factor when understanding Ewers’ decision was the restriction he faced under Texas State Law which prohibits any prospective student-athlete from being compensated for their E3C prior to enrolling at a college or university. Following his move to campus, CBS Sports reported Ewers inked a $1.4 million E3C deal.
Though Ewers is a clear standout, he was not the first and will not be the last high school student-athlete with significant E3C earning potential. According to USA Today, nine American high schoolers qualified for the 2020 Tokyo Olympics, including Lydia Jacoby, the 17-year-old from Seward, Alaska who took home gold in the 100-meter Breaststroke. While many high school athletic associations have amateurism-related exceptions in place for Olympians, the vast majority of these associations prohibit high school student-athletes from monetizing their E3C.
This article aims to break down existing E3C regulations pertaining to high school student-athletes in all 50 states, plus Washington D.C. To be clear, this article is a broad examination and contact with all associations was not able to be made. If you are a student-athlete, parent, brand, or interested individual, it is strongly encouraged to please contact your high school athletic director and/or high school association for more information.
About each state
ALABAMA
Governing Body: Alabama High School Athletic Association
State E3C Law: House Bill 404 was repealed
Status: Confirmed Prohibited
Governance: 2020-21 Handbook
Applicable Language: Section 8, Amateur Rule
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Further information from the administration cited Section 8, which defines “an amateur is one who does not use his/her knowledge of athletics or athletic skill for gain”. Keep an eye on changes in Alabama as the legislative landscape continues to evolve.
ALASKA
Governing Body: Alaska School Activities Association
State E3C Law: N/A
Status: Confirmed Permissible
Governance: 2021-22 Handbook
Applicable Language: Article 8, Amateurism
Notes: On December 7, 2021, the ASAA Board approved amendments to their longstanding amateurism policy which now allows for student-athletes to engage in E3C activities unaffiliated with their “school team, school, ASAA Region or ASAA.” A full report of ASAA Board meeting minutes will be found here.
ARIZONA
Governing Body: Arizona Interscholastic Association
State E3C Law: Senate Bill 1296 – could be applied to high school athletes broadly, as individuals who “may be eligible in the future” for college athletics
Status: Confirmed Prohibited
Governance: 2021-22 Constitution, Bylaws, Policies and Procedures
Applicable Language: 15.11 Amateur Rule
Notes: The current regulations prohibit student-athletes from monetizing their E3C. The 15.11 Amateur Rule states an amateur athlete is one who, “has never used or is not using his/her knowledge of athletics or athletic skill in an athletic contest for financial gain.” While additional context may be needed when considering E3C opportunities, officials from the AIA have noted there has been no change of status.
ARKANSAS
Governing Body: Arkansas Activities Association
State E3C Law: House Bill 1671 – does not apply to high school athletes
Status: Confirmed Prohibited
Governance: 2019-20 Handbook
Applicable Language: Rule 10, Amateurism
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Although it is noted that the AAA Board will reconvene in August for more formal coverage of E3C, Board meeting minutes from October show the topic is being studied.
CALIFORNIA
Governing Body: California Interscholastic Federation
State E3C Law: Senate Bill No. 26 – does not apply to high school athletes
Status: Confirmed Permitted
Governance: 2021-22 Constitution and Bylaws
Applicable Language: 212, Amateur Status
Notes: The current regulations permit a student-athlete to be compensated for their E3C, so long as there is no recognition of the student-athlete’s school, school logos, uniforms or insignias. Further information from the administration pointed to Bylaw 212 which reads a student-athlete shall become ineligible if they are, “wearing a school team uniform or any identifying school insignia while appearing in any advertisement, promotional activity or endorsement for any commercial product or service” or “lending his/her name and team affiliation for purposes of commercial endorsement”.
COLORADO
Governing Body: Colorado High School Activities Association
State E3C Law: Senate Bill 20-123 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: 2021-22 Constitution and Bylaws
Applicable Language: 2000 Amateur Status, 2010 Awards
Notes: During the April meetings, the CHSAA Legislative Committee approved a proposal permitting student-athletes to engage in E3C activities. Outlined in the Amendment 8 description, student-athletes “will be prohibited from monetizing their name, image and likeness with the use of their school’s uniform, equipment, logo, name, proprietary patents, products and/or copyrights associated with a CHSAA member school either in public, print or social media platforms.”
CONNECTICUT
Governing Body: Connecticut Interscholastic Athletic Conference
State E3C Law: House Bill 6402 – Does not apply to high school athletes
Status: Under Membership Considerations
Governance: 2020-21 Handbook
Applicable Language: 4.5 Amateur Athletic Guidelines
Notes: The current regulations prohibit student-athletes from monetizing their E3C – however, the Board is very close to finalizing and approving a change to the handbook which is relevant to E3C. More information will be available following the May Board meeting.
DELAWARE
Governing Body: Delaware Interscholastic Athletic Association
State E3C Law: N/A
Status: Confirmed Prohibited
Governance: Title 14 Education Delaware Administrative Code
Applicable Language: 2.5 Eligibility, Amateur Status
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Further information from the administration concluded that if the regulation should change an update will be provided.
DISTRICT OF COLUMBIA
Governing Body: District of Columbia State Athletic Association
State E3C Law: N/A
Status: Under Membership Considerations
Governance: Policies, Rules, and Regulations Governing Athletics
Applicable Language: Section H, Amateur Status
Notes: The current regulations are unclear on the topic of E3C. The amateur status regulations state a student-athlete loses their eligibility if they use their, “status to promote or endorse a commercial product or service on the internet, in newsprint, radio, television advertisement or any other form of media, or personal appearance.” However, the same regulation reads, “accepting compensation for teaching lessons, coaching, or officiating shall not jeopardize the student’s amateur status.” Additional context is needed when considering all E3C opportunities, and the DCSAA has recently made considerations.
FLORIDA
Governing Body: Florida High School Athletic Association
State E3C Law: Senate Bill 646 – Does not apply to high school athletes
Status: Confirmed Prohibited
Governance: Bylaws of the Florida High School Athletic Association
Applicable Language: 9.9 Amateurism, 9.9.3 Permissible Awards, Gifts or Other Compensation
Notes: The current regulations prohibit student-athletes from monetizing their E3C. The amateurism bylaws read that a student-athlete loses their amateur status if they, “capitalizing on athletic fame by receiving money or gifts of a monetary nature”.
GEORGIA
Governing Body: Georgia High School Association
State E3C Law: House Bill 617 – Does not apply to high school athletes
Status: Confirmed Prohibited
Governance: Constitution and Bylaws
Applicable Language: 1.90 Amateur Status/Awards
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Further information from the administration confirmed that a student-athlete loses their amateur status if they, “capitalizing on athletic fame by receiving money or gifts with monetary value except college scholarships”.
HAWAII
Governing Body: Hawaii High School Athletic Association
State E3C Law: N/A
Status: Confirmed Prohibited
Governance: Administrative Regulations
Applicable Language: Section I
Notes: The current regulations prohibit student-athletes from monetizing their E3C. While there were no active discussions during the April Board meeting, E3C could be a topic at the in future meetings.
IDAHO
Governing Body: Idaho High School Activities Association
State E3C Law: N/A
Status: Under Membership Considerations
Governance: Rules and Regulations
Applicable Language: 8-4 Amateur Status, 8-5 Awards
Notes: The current regulations prohibit student-athletes from monetizing their E3C. However, administration has confirmed the IHSAA Board initially discussed E3C. If there was an interest in taking action, the ratification process will require, at the minimum, two Board meetings to pass.
ILLINOIS
Governing Body: Illinois High School Association
State E3C Law: Senate Bill 2338 – Does not apply to high school athletes
Status: Confirmed Prohibited
Governance: IHSA Handbook 2021
Applicable Language: 3.080 Amateurism
Notes: Current regulations and direction from the association prohibit student-athletes from monetizing their E3C. If a change were to occur, the IHSA’s next legislative session begins in September. However, in Example 171 under the Amateurism policy, activities in the same lane as E3C activities are described in more detail. More information is needed.
INDIANA
Governing Body: Indiana High School Athletic Association
State E3C Law: N/A
Status: Under Membership Considerations
Governance: 2021-22 By-Laws & Articles of Incorporation
Applicable Language: Rule 5, Rule 6
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Rule 5 on amateurism states a student-athlete loses their amateur status if they have, “capitalized on athletic fame by receiving money or gifts of a monetary nature”. However, a recent Executive Committee report shows the IHSAA is actively researching the topic.
IOWA
Governing Body: Iowa High School Athletic Association
State E3C Law: N/A
Status: Needs Clarity
Governance: 2020-21 IHSAA Handbook
Applicable Language: 36.14(3) Awards
Notes: The current regulations are unclear on the topic of E3C. The applicable regulations state a student-athlete can lose their amateurism status if they have competed for money in any organized athletic activity, however this does not explicitly address E3C activities.
KANSAS
Governing Body: Kansas State High School Activities Association
State E3C Law: N/A
Status: Confirmed Permitted
Governance: KSHSAA Handbook 2021-22
Applicable Language: Rule 21
Notes: The current interpretation of the Rule 21 amateurism regulations allow student-athletes to monetizing their E3C. The KSHSAA requires E3C activities must not (1) interrupt the school day for students; (2) reference the school name, school team, school logo nor school mascot; (3) use any school uniforms; (4) use any school facilities; (5) reference any school awards won by the student-athlete; (6) feature practice or game film; (7) influence attendance at a specific school, and; (8) associate with tobacco, alcohol, banned athletic substances, illegal substances or activities, or wagering.
KENTUCKY
Governing Body: Kentucky High School Athletic Association
State E3C Law: Executive Order – Does not apply to high school athletes
Status: Confirmed Prohibited
Governance: Bylaws of the Kentucky High School Athletic Association
Applicable Language: Bylaw 10 Amateur/Award
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Bylaw 10 on amateurism states a student-athlete loses their amateur status if they are, “capitalizing on athletic fame by receiving money or other gifts of monetary value not specifically approved by Sec. 2 or 4 of this rule”. Section 2 and Section 4 pertain to scholarships and pre-approved awards not exceeding $300 in value.
LOUISIANA
Governing Body: Louisiana High School Athletic Association
State E3C Law: Senate Bill 60 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: The Louisiana High School Athletic Association 2021— 2022 HANDBOOK
Applicable Language: 1.25 Maintaining Amateur Status, 7.2 School Awards
Notes: The LHSAA Board released a position statement following their April meeting clarifying that current amateurism rules do not prohibit E3C activities or jeopardize a student-athlete’s eligibility. More information on the position statement can be found on the LHSAA website.
MAINE
Governing Body: Maine Principals’ Association
State E3C Law: Legislative Document No. 1893 – Does not apply to high school athletes
Status: Permitted**
Governance: 2021-2022 Handbook
Applicable Language: Section 2, Student Eligibility
Notes: While there has been no direct confirmation from the administration, the existing amateurism rules do not clearly address E3C opportunities and their permissibility. Further clarification from the MPA is needed on this topic.
MARYLAND
Governing Body: Maryland Public Secondary Schools Athletic Association
State E3C Law: House Bill 125 – Does not apply to high school athletes
Status: Confirmed Prohibited
Governance: 2021 Handbook
Applicable Language: 10 Amateur Rules, .08 Awards and Recognition
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Further information from the MPSSAA confirmed the amateur ruling that, “Students who have not used or are not using their athletic skill as players for financial gain, or who have not competed under assumed names as players, shall be considered amateurs.” Alternatively, legislators in the state have introduced a bill which, if passed, would allow high school student-athletes to pursue E3C activities.
MASSACHUSETTS
Governing Body: Massachusetts Interscholastic Athletic Association
State E3C Law: N/A
Status: Confirmed Prohibited
Governance: MIAA Handbook July 1, 2021 – June 30, 2023
Applicable Language: 10 Academic Awards, 47 Amateurism
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Further information from the administration confirmed Section 10 which states a student-athlete loses their amateur status by, “capitalizing on athletic fame by receiving money or gifts of monetary value (scholarships to institutions of higher learning are specifically exempted)”.
MICHIGAN
Governing Body: Michigan High School Athletic Association
State E3C Law: House Bill 5217 – Does not apply to high school athletes
Status: Under Membership Considerations
Governance: Coaches Guidebook 2021-22
Applicable Language: VIII Eligibility Rules for Athletes
Notes: The current regulations prohibit student-athletes from monetizing their E3C. However, MHSAA administration has confirmed this is “a discussion on the table” and current inquiries around student-athlete E3C opportunities are being handled on a case-by-case basis. More information will follow from the May Board meeting.
MINNESOTA
Governing Body: Minnesota State High School League
State E3C Law: N/A
Status: Under Membership Considerations
Governance: 2021-2022 MSHSL OFFICIAL HANDBOOK
Applicable Language: 201 Amateur Status, 204 Awards
Notes: Per the MSHSL interpretation, while the Amateur Status indicates that a student becomes a professional if the student accepts salary, cash or merchandise for participation in school or non-school athletics and that a student cannot use athletic skills to promote or advertise products, the existing amateurism rules do not clearly address E3C opportunities and their permissibility. Further clarification from the MSHSL is needed on this topic.
MISSISSIPPI
Governing Body: Mississippi High School Activities Association
State E3C Law: Senate Bill 2313 – Does not apply to high school athletes
Status: Confirmed Prohibited
Governance: 2021-2022 MHSAA HANDBOOK
Applicable Language: 2.39 Amateur Rule, 7.21 Awards
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Further information from the administration confirmed Section 2.39 which states amateurism status is lost if a student-athlete has “accepted money”. Additionally, the MHSAA cited the NFHS’s ruling against E3C opportunities for high school student-athletes.
MISSOURI
Governing Body: Missouri State High School Activities Association
State E3C Law: House Bill 297 – Does not apply to high school athletes
Status: Confirmed Prohibited
Governance: 2021 Official Handbook
Applicable Language: 3.6.1 Amateur Status, 3.6.2 Awards
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Section 3.6.1 on amateurism states a student-athlete loses their amateur status if they are, “capitalizing on athletic fame by receiving money, gifts of monetary value, or merchandise”.
MONTANA
Governing Body: Montana High School Association
State E3C Law: Senate Bill 248 – Does not apply to high school athletes
Status: Confirmed Prohibited
Governance: 2021-22 Handbook
Applicable Language: 15.1 Awards, 16 Amateur Rule
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Further information from the administration confirmed Section 16 which states amateurism status is lost if a student-athlete has “accepted money”. Awards allowable under MHSA rules must be no greater than $100 in value.
NEBRASKA
Governing Body: Nebraska School Activities Association
State E3C Law: Legislative Bill 962 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: 2019-2020 Constitution & Bylaws
Applicable Language: 2.15 Awards to Students and Schools, 3.7 Amateur Rule
Notes: In December 2021, the NSAA Board of Directors approved policy changes allowing student-athletes to monetize their E3C. More details around the full policy will be available on nsaahome.org.
NEVADA
Governing Body: Nevada Interscholastic Activities Association
State E3C Law: Assembly Bill 254 – Does not apply to high school athletes
Status: Under Membership Considerations
Governance: Chapter 385B – Nevada Interscholastic Activities Association
Applicable Language: NAC 385B.374, NAC 385B.650
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Further information from the association established that the NIAA’s regulations are part of the administrative code of the State of Nevada, and revisions to these regulations would require action by the State government. Nonetheless, the NIAA Board discussed E3C in its March meeting and approved a change to the Nevada Administrative Code (NAC), but it will be roughly a yearlong process until the changes are fully adopted.
NEW HAMPSHIRE
Governing Body: New Hampshire Interscholastic Athletic Association
State E3C Law: N/A
Status: Needs Clarity
Governance: BY-LAW ARTICLE II Eligibility
Applicable Language: Sect. 6 Amateur Status
Notes: The current regulations are unclear on the topic of E3C. Section 6 states a student-athlete loses their amateurism status by, “appearing on radio or television related in any way to his/her athletic ability or prestige; the athlete may not under any circumstance receive remuneration for his/her appearance.” While this language encompasses E3C appearances, additional context is needed when considering other E3C opportunities.
NEW JERSEY
Governing Body: New Jersey State Interscholastic Athletic Association
State E3C Law: Senate Bill 971 – Does not apply to high school athletes
Status: Confirmed Permitted
Governance: NJSIAA GENERAL INFORMATION CONSTITUTION BY-LAWS RULES AND REGULATIONS 2020 – 2021
Applicable Language: Article V ELIGIBILITY OF ATHLETES
Notes: The current regulations permit student-athletes to monetize their E3C. Following a Board meeting on November 10, official approval was given on the proposal. Beginning in January 2022, NJSIAA student-athletes will be able to profit from their E3C.
NEW MEXICO
Governing Body: New Mexico Activities Association
State E3C Law: Senate Bill 94 – Does not apply to high school athletes
Status: Confirmed Prohibited
Governance: NMAA Handbook
Applicable Language: 6.18 ATHLETIC AMATEUR STATUS
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Rule 6 on amateurism addresses a student-athlete loses their amateur status if they are endorsing a product.
NEW YORK
Governing Body: New York State Public High School Athletic Association
State E3C Law: N/A
Status: Confirmed Permitted
Governance: NYSPHSAA Rules & Regulations
Applicable Language: Section 2 Amateur
Notes: On October 20, 2021, the NYSPHSAA Executive Committee took action by approving revisions to the amateur rule, allowing student-athletes to monetize their E3C. Student-athletes will be prohibited from entering into endorsement deals “in affiliation” with their school, Section, or the NYSPHSAA.
NORTH CAROLINA
Governing Body: North Carolina High School Athletic Association
State E3C Law: Executive Order – Does not apply to high school athletes
Status: Confirmed Prohibited
Governance: NCHSAA Handbook 2020-2021
Applicable Language: 1.2.15 Amateur Rule
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Further information from the administration confirmed Rule 1.2.15 which states amateurism status is lost if a student-athlete has “accepted money”. Awards allowable under MHSA rules must be no greater than $250 in value.
NORTH DAKOTA
Governing Body: North Dakota High School Activities Association
State E3C Law: N/A
Status: Under Membership Consideration
Governance: Constitution and Bylaws, July 2021
Applicable Language: Article VIII: Amateurism, Article IX: Awards
Notes: The current regulations prohibit student-athletes from monetizing their E3C. However, further information from the administration confirmed more clarity around E3C opportunities will be explored in the upcoming Board meetings.
OHIO
Governing Body: Ohio High School Athletic Association
State E3C Law: Executive Order – Does not apply to high school athletes
Status: Under Membership Considerations
Governance: OHSAA Bylaws
Applicable Language: Bylaw 4, Section 10 – Amateur, Bylaw 5 — Awards
Notes: The current regulations prohibit student-athletes from monetizing their E3C. However, OHSAA administration has confirmed that E3C has been a topic of discussion among the membership and expect a vote between May 1 – May 15, 2022. It is of note that any regulation changes in the OHSAA Bylaws would not go into effect until after that period, at the earliest.
OKLAHOMA
Governing Body: Oklahoma Secondary School Activities Association
State E3C Law: Senate Bill 48 – Does not apply to high school athletes
Status: Confirmed Prohibited
Governance: OSSAA 2021-2022 Constitution
Applicable Language: Rule 5 – Amateurism and Awards
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Rule 5 on amateurism addresses a student-athlete loses their amateur status by, “capitalizing on athletic fame by receiving money or gifts of monetary value (scholarships given by institutions of higher learning are specifically exempted)”.
OREGON
Governing Body: Oregon School Activities Association
State E3C Law: Senate Bill 5 and Senate Bill 1505 – Do not apply to high school athletes
Status: Under Membership Considerations
Governance: OSAA 2021-22 Handbook
Applicable Language: 8.4. Awards
Notes: The current regulations prohibit student-athletes from monetizing their E3C. However, OSAA administration has confirmed that an interpretation of E3C for the membership is being created and will likely be made available in the near future. Additionally, the OSAA Board is set to address E3C in the May 2nd meeting.
PENNSYLVANIA
Governing Body: Pennsylvania Interscholastic Athletic Association
State E3C Law: Senate Bill 381 – Does not apply to high school athletes
Status: Under Membership Considerations
Governance: 2021-2022 PIAA Constitution and By-laws
Applicable Language: ARTICLE II Amateur Status and Awards
Notes: The current regulations prohibit student-athletes from monetizing their E3C. However, further information from the administration confirmed the PIAA will discuss E3C in their summer administrative meetings.
RHODE ISLAND
Governing Body: Rhode Island Interscholastic League
State E3C Law: N/A
Status: Confirmed Prohibited
Governance: Rules and Regulations
Applicable Language: Section 9. Awards, Section 19. Amateurism
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Section 9 states a student-athlete loses their amateurism status by, “capitalizing on athletic fame by receiving money or gifts of monetary value (scholarships to institutions of higher learning are specifically exempted)”. While this language is deemed enough to prohibit E3C opportunities under other associations, additional clarification from the RIIL is needed.
SOUTH CAROLINA
Governing Body: South Carolina High School League
State E3C Law: Senate Bill 685 – Does not apply to high school athletes
Status: Confirmed Prohibited
Governance: 21-22 By-laws
Applicable Language: ARTICLE IX – Awards, Section 14 Amateur Status
Notes: The current regulations prohibit student-athletes from monetizing their E3C. However, Article IX on amateurism does not clearly address E3C, so further clarification is needed from the SCHSL.
SOUTH DAKOTA
Governing Body: South Dakota High School Activities Association
State E3C Law: N/A
Status: Under Membership Considerations
Governance: South Dakota High School Activities Association Constitution and Bylaws
Applicable Language: Section 5 Awards, Section 6 Amateur Standing
Notes: The current regulations prohibit student-athletes from monetizing their E3C. However, SDHSAA administration has confirmed they are reviewing their policy and exploring what is best for the membership and student-athletes.
TENNESSEE
Governing Body: Tennessee Secondary School Athletic Association
State E3C Law: House Bill 1351 – Does not apply to high school athletes
Status: Confirmed Prohibited
Governance: 2021-22 TSSAA Handbook
Applicable Language: Section 18 Amateur Rule, Section 19 Award Rule
Notes: The current regulations prohibit student-athletes from monetizing their E3C. However, though TSSAA administration has confirmed there have been relatively few inquiries regarding E3C opportunities the topic was addressed at the December legislative council meeting.
TEXAS
Governing Body: Texas University Interscholastic League
State E3C Law: Senate Bill 1385 – Prohibits high school athletes from engaging in E3C activities;
” (j) No individual, corporate entity, or other organization may:
(1) enter into any arrangement with a prospective student athlete relating to the prospective student athlete’s name, image, or likeness prior to their enrollment in an institution of higher education; or
(2) use inducements of future name, image, and likeness compensation arrangement to recruit a prospective student athlete to any institution of higher education. “
Status: Confirmed Prohibited
Governance: 2021-2022 UIL Constitution
Applicable Language: Section 441: AMATEUR ATHLETIC STATUS, Subchapter O. AWARDS
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Unlike most states, it is not the high school association prohibiting the opportunity, but rather the recently adopted E3C Texas State law.
UTAH
Governing Body: Utah High School Activities Association
State E3C Law: N/A
Status: Confirmed Permitted
Governance: HANDBOOK 2021-22
Applicable Language: SECTION 6: Amateur Rule, SECTION 7: Prohibition of Awards
Notes: The current regulations permit student-athletes to engage in E3C activities to varying degrees. At their January 20, 2022 meeting, the Board of Trustees approved a E3C policy that will
be included in the UHSAA Handbook effective immediately. More details on the full policy change will be available in the future.
VERMONT
Governing Body: Vermont Principals Association
State E3C Law: N/A
Status: Confirmed Prohibited
Governance: High School Policies
Applicable Language: Amateur Status Rulings and Comments
Notes: The current regulations prohibit student-athletes from engaging in E3C activities. Confirmation from the VPA administration conveyed the association will follow the lead of the NFHS.
VIRGINIA
Governing Body: Virginia High School League
State E3C Law: Senate Bill 223 – Does not apply to high school athletes
Status: Confirmed Prohibited
Governance: Handbook and Policy Manual 2019-20
Applicable Language: 28B-2-1 AMATEUR RULE
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Further information from the administration confirmed Section 28 which states a student-athlete’s amateurism status is lost by receiving “compensation or benefit, directly or indirectly, for the use of name, picture and/or personal appearance, as an athlete in that sport, or provides endorsement, as an athlete in that sport, in the promotion of a commercial or profit-making event, item, plan or service.”
Also of note, at the end of the previous legislative session, the Governor vetoed House Bill 1298 which would have directly prohibited high school student-athletes in the state from monetizing their E3C.
WASHINGTON
Governing Body: Washington Interscholastic Activities Association
State E3C Law: N/A
Status: Needs Clarity
Governance: 2021-2022 Handbook
Applicable Language: 18.24.0 AMATEUR STANDING
Notes: The current regulations are unclear on the topic of E3C. Section 18 addresses promotions for a business product or service, but does not address all types of E3C activities. Further clarification is needed from the WIAA.
WEST VIRGINIA
Governing Body: West Virginia Secondary School Activities Commission
State E3C Law: N/A
Status: Needs Clarity
Governance: Rules & Regulation Handbook 2021-22
Applicable Language: §127-2-11. Amateur, §127-3-5. Awards
Notes: The current regulations are unclear on the topic of E3C. Subsection 127 states a student-athlete loses their amateurism status by, “capitalizing on athletic fame by receiving money or gifts of monetary value (scholarships to institutions of higher learning are specifically exempted)”. While this language is deemed enough to prohibit E3C opportunities under other associations, additional clarification from the WVSSAC is needed.
WISCONSIN
Governing Body: Wisconsin Interscholastic Athletic Association
State E3C Law: N/A
Status: Confirmed Prohibited
Governance: 2020-21 WIAA High School Rules
Applicable Language: III. Students, C. Amateur Status
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Further information from the administration confirmed Section III which states a student-athlete’s amateurism status is lost by “receiving compensation or benefit, directly or indirectly, for the use of name, picture and/or personal appearance as an athlete because of ability, potential and/or performance as an athlete”.
WYOMING
Governing Body: Wyoming High School Activities Association
State E3C Law: N/A
Status: Confirmed Prohibited
Governance: 2021-22 Handbook
Applicable Language: 2.7.0 WHSAA Awards, 5.7.0 Amateur Standards
Notes: The current regulations prohibit student-athletes from monetizing their E3C. Further information from the administration confirmed Section 5.7.0 which states a student-athlete’s amateurism status is lost by receiving “capitalizing on athletic fame by receiving money, gifts of monetary value, or merchandise”.
About this data
This information was gathered in three phases – first, the individual states with E3C laws in place were examined for provisions applicable to high school and prospective student-athletes. In most cases, the E3C State laws were isolated to collegiate student-athletes. Second, the National Federation of State High School Associations (NFHS) member and affiliate state associations handbooks were individually analyzed, specifically the amateurism and awards-based policies. Upon review of the current rules, individual state associations were identified under one of the following statuses:
- “Permitted**”, meaning, under the existing bylaws, it appears high school student-athletes under the corresponding association have the freedom to monetize their E3C, to varying degrees.
- “Needs Clarity**”, meaning, under the existing bylaws, it appears high school student-athletes under the corresponding association may have the freedom to monetize their E3C, however the rules may only permit certain types of E3C activities.
- “Prohibited**”, meaning, under the existing bylaws, it appears high school student-athletes under the corresponding association are prohibited from being compensated for their E3C.
Finally, in order to provide the most comprehensive answers, direct contact was made via email and phone with each athletic association. If a clear response was provided directly from a member of the association’s staff, the status was updated to one of the following;
- “Confirmed Permitted”, meaning, under the existing bylaws, it is confirmed that high school student-athletes under the corresponding association have the freedom to monetize their E3C, to varying degrees.
- “Under Membership Considerations”, meaning, under the existing bylaws, it is confirmed E3C and amateurism rules will be discussed and/or addressed in upcoming leadership meetings.
- “Confirmed Prohibited”, meaning, under the existing bylaws, it is confirmed that high school student-athletes under the corresponding association are prohibited from being compensated for their E3C.