BlogUncategorizedHIGH SCHOOL E3C: STATE-BY-STATE REGULATIONS FOR NAME, IMAGE AND LIKENESS RIGHTS

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: 

  1. How can I get paid?  
  2. 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State E3C LawHouse Bill 404 was repealed

Status: Confirmed Prohibited

Governance2020-21 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

Governance2021-22 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

Governance2021-22 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

Governance2019-20 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

Governance2021-22 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

Governance2021-22 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

Governance2020-21 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

GovernanceTitle 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

GovernancePolicies, 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

GovernanceBylaws 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

GovernanceConstitution 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

GovernanceAdministrative 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

GovernanceRules 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

GovernanceIHSA 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

Governance2021-22 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

Governance2020-21 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

GovernanceKSHSAA 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

GovernanceBylaws 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

GovernanceThe 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**

Governance2021-2022 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

Governance2021 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

GovernanceMIAA 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

GovernanceCoaches 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

Governance2021-2022 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

Governance2021-2022 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

Governance2021 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

Governance2021-22 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

Governance2019-2020 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 

GovernanceChapter 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 

GovernanceBY-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 

GovernanceNJSIAA 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

GovernanceNMAA 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 

GovernanceNYSPHSAA 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 

GovernanceNCHSAA 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 

GovernanceConstitution 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 

GovernanceOHSAA 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

GovernanceOSSAA 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 

GovernanceOSAA 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 

Governance2021-2022 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 

GovernanceRules 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 

Governance21-22 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 

GovernanceSouth 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 

Governance2021-22 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 

Governance2021-2022 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 

GovernanceHANDBOOK 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

GovernanceHigh 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 

GovernanceHandbook 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 

Governance2021-2022 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 

GovernanceRules & 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 

Governance2020-21 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 

Governance2021-22 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. 

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