THE HIGH SCHOOL NIL (NAME, IMAGE, LIKENESS) PART 2 (AND MORE)

NOTE: THIS BLOG WAS EDITED ON 1/24/2025 AFTER I DISCOVERED THAT I HAD MADE A MISTAKE ABOUT JULIAN LEWIS AND HIS 2024 SEASON.

I guess that there are “sane” rules and some, to me are just plain stupid.  My most recent story on “2024 RECORD BOOKS UPDATES” noted that Milwaukee Academy of Science quarterback Brayln Albritton had announced that he was transferring to Milton GA High School to spend his senior season.  A few days later it was announced that Homestead High School running back Bentley Hickman was also transferring to Milton… Top 2026 Wisconsin Running Back Announces Transfer To Georgia 5A Champion Milton

In Wisconsin there have been basketball players who have over the years moved out of state to play for select academies in hopes of getting more attention from colleges.  Those who have moved to the out of state schools in the past were, to my knowledge, only “paid” tuition.  I’m probably uninformed about those athletes and their dealings as I’ve not read anything to shed light on any misdoings.  But now we are seeing what I feel is leading to the downfall of high school sports.

I recently emailed the football coaches at Milwaukee Academy of Science and Homestead to see if these moves were unexpected.  I asked if NIL was involved, did the whole family move and how did they both end up at Milton GA.  MAS Coach Rico Ragsdale responded saying that the whole Albritton family moved to Georgia and Milton just happened to be the closest school.  Ragsdale mentioned that both Albritton and Johnson know each other.  And finally, as far as he knew NIL was not involved.  Homestead AD, Eric Hinterstocker replied that the only info he had was that Johnson was no longer attending the school.

The NIL process has led to terrible consequences on a problem that has been ongoing for years.  I had always thought that some changes needed to be made for some sort of compensation for a college or university profiting at the athlete’s expense.  There was always an attempt by the NCAA to maintain some sort of amateurism, but they just couldn’t get a handle on the problem.

The Beginning of NIL

On September 30, 2019, California became the first state to pass a law allowing college athletes to be paid for use of their name, image and likeness.  Governor Gavin Newsom signed the law called the” Fair Play to Pay Act” which as initially designed to take effect in 2023.  The state later moved the date up to September 2021 but on July 1, 2021, the NCAA decided to allow student-athletes to profit from their NIL rights.  The NCAA initially called the California law “harmful”, “unconstitutional” and an “existential threat” to college sports.  With those comments the NCAA tried to restrict the NIL process by going to Congress and asking that the Federal Government pass a law restricting the proposed NIL process, but they failed as Congress ignored their plea.  

The NCAA administration seems that they wouldn’t implement positive changes because it would cost them money.  If they had made the proper moves, they could have undone what was and is still called” The Wild West”.  The NCAA was and is interested in making money for everyone except the athletes.  There is no explanation as to the college leaders in the college sports model dragging towards a slow death.

The High School NIL

While the NCAA was doing nothing to solve the NIL problem, the NFSA (National Federation of State High School Associations) and the individual states associations were trying to legislate “locally” the NIL movement in high schools.

 In 2020 Quinn Ewers of Southlake Carroll High School (TX), a junior, turned down his early commitment the University of Texas and recommitted to Ohio State University.  He made national news and his leaving school early allowed him to circumvent Texas high school rules which prohibited any high school NIL.   

After leading his team to the state finals as a sophomore in 2019 by throwing for 4,003 yards and 45 touchdowns.  He was injured as a junior in 2020 and played only eight games during that COVID year, again taking Southlake to the finals.  Ewers would forgo his senior high school football season, graduate early and attended Ohio State University in order to benefit from NIL.  At the time Ohio had no rules preventing high school NIL.  Ewers played briefly at Ohio State in the fall of 2021.  Texas state law prevents a student from benefitting from NIL prior to enrolling at a college or university.  Quinn was able to sign a series of contracts worth an estimated $1.4 million before attending Ohio State and become the first NIL millionaire.  He stayed one year at Ohio State and transferred to Texas where he has started 2022-24.  He had been awarded another season of eligibility for 2025 but  Ewers will pass on a fifth season of collage ball, turning down an $8 million NIL deal with an unknown school to go pro.  Quinn originally signed a deal with GT Sports Marketing in 2021 and so far, he has earned $6.4 million.  He declined to attend another school out of loyalty to the Texas Longhorns.  Interestingly, by going pro he will likely earn less than the NIL he turned down.

While Ewers scored a big contract in 2021, he was not the first highschooler to do earn a NIL.  In the 2020 Olympics Lydia Jacoby of Steward, Alaska, a high school sophomore brought home gold in the 100-meter Breaststroke.  Alaska’s ASAA made amendments to their state rules allowing a student to earn money in activities unaffiliated to their “school team, ASAA Region or ASAA.”  Lydia signed with ARENA swimwear and while she didn’t make the super big money like Ewers it is reported that by August 29, 2023, she had received $106,000 as a highschooler.

Julien Lewis of Carrollton GA was just named to the Sports Illustrated Magazine 2024 All-Georgia squad and their All-American Team. I had read that he wasn't even in school in 2024 at Carrollton but that was a wrong report. It seems that Lewis accepted a scholarship offer from Southern California as a junior following his 2024 season and he decided to do, as Ewers did, and graduate early.  In May of 2024 it was announced that he had accepted an NIL deal being featured in Leaf Trading Cards, endorsing a men’s jewelry line, a fitness/lifestyle brand called Alo Yoga and a partnership with Travis Scott’s Cactus Jack apparel line.   He earned an estimated $1million.  Lewis said that he took the NIL contracts because it was allowed by the Georgia High School Athletic Association, and he needed to help his family out. Julien was heavily recruited by Deon Sanders at the University of Colorado but ended up choosing USC.  His recruitment by Sanders has led to some minor sanctions leveled by the NCAA.

Right now, there is no state law prohibiting a high schooler in Wisconsin from earning NIL money.  The current WIAA regulations prohibit student-athletes from monetizing their NIL.  The WIAA has confirmed Section III which states a student-athlete’s amateurism status is lost by “receiving compensation or benefit, directly or indirectly, for then use of name, picture and/or personal appearance as an athlete because of ability, potential and/or performance as an athlete”. 

Until I started looking into NIL for high school student-athletes I had no idea how widespread it had become. 

Currently, the NIL situation is under further consideration by the WIAA.  Besides Wisconsin, there are four other states associations (Delaware, Montana, Wyoming and South Dakota) that are considering allowing their members to decide the fate of NIL.  Hawaii, Michigan, Ohio, Indiana, West Virginia, Alabama and Mississippi have blanket prohibition of a high school student-athlete participating in NIL.  South Carolina prohibits public schoolers from NIL but allows private schoolers to participate.  Texas now allows only 18-year-olds to do NIL. The other 38 states and the District of Columbia allow NIL. 

With all of this information I have a question.  is the movement of Albritton and Hickman related to a high-profile school (Milton GA. Finished #2 in MaxPreps, SB LIVE, and High School Football America final national polls) and wanting to be part of a powerhouse?  Was there an unknown NIL offer?  Or, is it just coincidence that the two ended up at the same school?  MAS Coach Ragsdale said that Albritton was not recruited by Milton, so I’ll go with that.

I worry that schools in Illinois, Florida, New Youk or Idaho or any of those other states that allow NIL will raid players in other states or even in their own using a cash incentive.

While Jacoby, Ewers and Lewis seem to be the only high school NIL recipients that I could find, you can see a potential NIL problem.  

However, a new program has arrived on the scene and it appears to have been around for a short while.  On January 15, On3 announced that basketball small forward Nate Ament from Highland School in in Warrenton, VA  was considering 11 schools…Five-Star Plus+ SF Nate Ament considering 11 schools while announcing new NIL partnership - On3 .  Ament is a 6’9 high school senior who signed an NIL with FANSTAKE.  He’s the highest ranking 2025 nsenior not yet committed to a college Here’s how it works:  You pay FANSTAKE money, pick your school and choose your player.  The “stake” goes to your player if they choose your school.  If he doesn’t go to your school, you get your money back.  Looking at the website…Welcome To Fanstake it appears that Ament is their first high school athlete.

While my blogs are supposed to be mostly high school orientated there are other things that impact the overall sport.  I mentioned the Transfer Portal. In the 2023-24 year nearly 3,500 players entered the Portal.  This year, 2024-25, there are over 2,500 movements.  Oklahoma has lost 27 players and there are other schools with big losses. 

After losing in the first round of the FBS Boise State Offensive Coordinator Dirk Koetter retired after 42-years of coaching citing the NIL and the Transfer Portal as his reason…www.si.com/fannation/name-image-likeness as Boise State Football Coach Retiring Amid Rapidly Changing NIL and Portal Landscape

I previously mentioned Terrelle Prior suing the NCAA.  Now there’s a new problem developing for the NCAA…NCAA Tries to Block John Wade Lawsuit Over Five-Year Eligibility Rule.  Wade has transferred, over the years, to four schools since 2018 and now he want’s to “continue his education” seven years later. 

If you want to look at High School NIL some of my info came from…High School NIL: State-by-state regulations for name, image and likeness rights - Opendorse

And, finally, as of this January 17 it appears that the NCAA is now trying to fix things.  Read on:  NCAA to dole out $1.2B to help pay for House settlement. Its president asks for Congress to step in – WSB-TV Channel 2 - Atlanta

I hope I you enjoyed this story.  Back to strictly high school next time.

THE HIGH SCHOOL NIL (NAME, IMAGE, LIKENESS) PART 1

In order to understand the high school aspect of NIL you have start with the college side. 

College and high school sports were originally designed be amateur.  In the early 1900’s some college athletes found it hard to make ends meet and a few who had the talent played summer semi-pro baseball.  The great Jim Thorpe did so and when it came to light the Olympic Committee took back the medals and awards that he received at the 1912 Olympics.  Eventually, after he died years later the medals were returned to his heirs, but the special awards presented to him by the King of Sweden are still held somewhere, maybe in Switzerland, being hidden by the International Olympic Committee (IOC).

George Gipp of Notre Dame football fame was a pool shark and gambler to get spare money, prior to his death in 1920.  Gambling. of course, was and is against NCAA rules. Most college players found it hard to make ends meet even on scholarship.  In the 1940’s-1960’s a few colleges were caught paying athletes under the table to play.  A notable basketball player, Connie Hawkins and a few others lost their scholarships and luckily for Hawkins he was able turn his talent to play pro basketball and eventually earn a spot in the Basketball Hall of Fame.

Then, the IOC began allowing professional basketball and hockey players to participate and the sham of amateurism went out the door.  Many athletes at the college level for years felt “used” by their institution when their NIL was used to the school’s profit.  I remember Ron Dayne complaining that UW-Madison (1996-99) made a ton of money selling T-shirts and jerseys with his name on it and he earned nothing for it.

The NCAA should have foreseen major future NIL problems.  In 2014 former UCLA basketball player Ed O’Bannon sued the NCAA in a class-action court asking for compensation for himself on behalf of NCAA’s Division 1 football and men’s basketball players.  He won $42.2 million.  The NCAA appealed and lost (O'Bannon v. NCAA - Wikipedia) This case opened the door for the future NIL mess.  And it all could have been prevented.  For years the NCAA and all of their institutions were greedy and didn’t want to look at the whole picture.  It was like jumping out of an airplane without putting on a parachute. 

On September 30, 2019, California became the first state to pass a law allowing college athletes to be paid for use of their name, image and likeness.  Governor Gavin Newsom signed the law called the” Fair Play to Pay Act” which as initially designed to take effect in 2023.  The state later moved the date up to September 2021 but on July 1, 2021, the NCAA decided to allow student-athletes to profit from their NIL rights.  The NCAA initially called the California law “harmful”, “unconstitutional” and an “existential threat” to college sports.  The NCAA tried to restrict the NIL process by going to Congress and asking that the Federal Government pass a law restricting the proposed NIL process, but they failed.  Congress ignored their plea.  Could the fiasco that NIL has produced been prevented or slowed down? 

Yes, but the NCAA buried its head in the sand and hoped the problem would go away.

 In retrospect, Michael Cunningham, writing in the Sunday, March 20, 2022, edition of the Atlanta Journal-Constitution newspaper presented a logical way that the NCAA could have solved the problem. 

    “There are easy, legal solutions to the alleged problems that college sports leaders cite with athletes profiting from their name, image and likeness.  All they need to do is admit that athletes are employees and deal with them as such.  Just abandon the “amateur” model that has enrichened coaches and administrators at the expense of athletes for a new system that pays the labor fair market value.”

It was a simple solution that the knowledgeable people in power at the NCAA must somehow never have thought about.  Cunningham’s idea, or a form of it, in fact had been expressed since the 1940’s but ignored.  Now the genie was out of the bottle and there have been a lot of consequences.  In October of 2024 former Ohio State quarterback Terrelle Pryor filed a class-action lawsuit against the NCAA, Ohio State University, The Big 10 and Learfield Communications seeking NIL money. Read more for the details:  New Developments in NIL Lawsuit Against Ohio State, NCAA and Big Ten Emerge

While the NIL situation was developing, two other things arrived on the scene.  First, COVID.  This disrupted sports nationwide and for some athletes they were about to lose a year of eligibility under quarantine circumstances.  To remedy the problem the NCAA created a player’s ability to get an extra year of playing time, if they chose to do so. 

Second, the NCAA Transfer Portal (NCAA transfer portal - Wikipedia) that had actually been created in October 2018 and has it has since been expanded.  With the Portal, players have somehow been able to expand their career from the normal four-years (Maybe five if there had been a red-shirt year or a graduate season).  However, I’ve seen some players have a six-year college career.  The NCAA has just recently decided to allow a junior college athlete to play an extra four years at a regular college.  Quarterback Mark Gronowski started at South Dakota State in 2020.  He sat out 2021 with an ACL injury and then started 2022-24.  That’s four seasons playing college ball and now he’s transferring to the University of Iowa.  I don’t know how he get’s another season of play.  He’s already appeared in 55 college games over five seasons.  Another situation is Washington State which has lost a record 36 players to the Portal since the end of the 2024 year.  Allowing this mass movement just isn’t healthy for college football.

 Where is all of this leading?  It’s leading to the high school NIL.  That’s next time.

2024 RECORD BOOKS UPDATES

Sorry I’ve been tardy on posting blogs lately.  I’ve been updating the state football record books and it should come as no surprise that a number of stars from 2024 have made the lists.  There is some bad news before I get to the main part of the records

The bad news: 

Brayln Albritton of Milwaukee Academy of Science is leaving for Milton High School in Georgia.  He leaves the state as the #15 career passer.  With another year like 2024 when he passed for 2,830-yards he could have been at the top of the state’s all-time list.  Franklin’s Ben Hemple, 2001-04 holds the career record for 9,508.  Albritton leaves the state with 6,912 career yards and 70 td’s.  Robby Michael of Kohler/Sheboygan Lutheran/ Christian…2018-21 tossed for 96 career scores, so with a similar season, Brylon could have moved to the top of that list.   See the attached story from Christmas Day…2026 Wisconsin Quarterback Announces Transfer To Georgia 5A Champion Milton.

Brayln Albritton   Milwaukee Academy of Science

With Albritton passing (2,830 yards) and Josiah Johnson rushing for 2,381 yards the Milwaukee Academy of Science became the second school to have a 2,000+ rusher and passer in a single season.  There have of course, been schools with a 2,000-yard passer and a 1,000-yard rusher or vice versa.  Owen-Withee had two 2,000+ yard rushers in the same season, 2007.  The first school to have a 2,000-yard + passer and rusher was the 2015 Kimberly team which had Danny Vanden Boom tossing for 2,499 yards and Blair Mulholland rushing for 2,971 yards.  The team also had receiver Jordan Janssen haul in 1,516 yards that year, the only team ever to have a 2,000, 2,000, 1,500-yard trio.

Besides rushing for a lot of yards, Josiah Johnson scored 36 times, 35 by rushing, and trotted in for 22 2-point conversions, totaling 260 points on the year.  Normally, this scoring total might have led the state for the season but not in 2024.

The all-around play by Blake Thiry of Prairie du Chien topped the list with 284 points.  Blake really was a superstar as he rushed for an even 1,800 yards, scoring 32 times.  Thiry also caught 925 yards worth of passes and 14 more touchdowns.  He also returned an interception for a score as well as having a two-point conversion. 

2024 had, perhaps, the tightest scoring race in many a season.  Besides Thiry scoring 284 points, Green Bay Notre Dame’s Christian Collins scored 252 points, just behind Johnson.  In 2023 Collins scored 260 total points.  He led the state in rushing in 2023 and again in 2024 when he totaled 3,084 yards, helped greatly by his 408 yards in the state title game.  His 3,084 yards on the ground was only the second time a Wisconsin player has crossed the 3,000-yard seasonal rushing threshold.  Adrian Davis of Kenosha St. Josephs set the record in 2001 with 3,422 yards.

Getting back to Thiry for a moment it should be noted that his 925 receiving yards is the most that I have found for a running back in a single season.  Blake was a wide receiver as a sophomore when he hauled in 11 touchdown passes.  His versitality allowed him to gain 2,273 career receiving yards along with 2,965 yards on the ground as a junior and a senior.  He scored 87 career touchdowns and the one two-point conversion for a total of 524 points.  Blake was also an outstanding punter who averaged 47.3 yards per kick in 2024 on 16 kicks.

Collins led the state in rushing in both 2023 and 2024 and ended his career with 6,560 yards, good for #5 on the all-time list.  Only three other players have, according to my records, led the state in rushing twice in two different seasons.  Jim Baier of Elmwood in 1961 and 1962 led the state and Richie Nargers of Campbellsport led in 1982 and 1983.  Westby back Steve Hougum in 1985 and 1985 also turned the feat.

Leading the passing department was West De Pere’s Patrick Greisen who led his team to 10-2 year by passing for 3,846 yards and 49 touchdowns.  Only a junior in 2024, Patrick will be back in 2025 looking to move up the career lists in yards and touchdown passes even though he played sparingly as a freshman and a sophomore in 2022 and 2023.

Finally, in 11-player football I want to make mention of three players.  First, Milwaukee Marquette University High School’s outstanding kicker, Eric Schmidt, perhaps the nation’s best, overall player at that position.  Besides kicking a 55-yard field goal against De Pere, Alex was 9-12 on the season and 28 of 38 in his career (#4 on the all-time list) in field goal kicking.  In booting extra point’s, he was 57-57 in 2024 and 176-179 in his four seasons at Marquette (#8 all-time).  His 260 career kicking points is #1 on the list.  During the 2024 season Eric punted 22 times for a 45.5 average.

Second, I wish to mention Germantown’s Cooper Catalano who was in on a state career record 583 tackles over the 2021-24 seasons.  Cooper finished this year with 178 tackles, second to Isaiah Groom of Potosi/Cassville who had 199.  As a freshman Cooper was in on 120 tackles, 147 as a sophomore and 138 as a junior.  My third mention is for Kaden Smolinski, a junior from Lake Mills.  He only touched the ball six times on defense while making 47 tackles.  It wasn’t the tackles that got him into the record book.  It was his defensive versatility in scoring.  He recovered two fumbles and returned them of touchdowns.  Kaden intercepted four passes from his linebacker spot and returned them for scores as well.  Six touches, six touchdowns.  Quite a feat.

Now on to 8-player stats and a few people have entered the lists numerous times.  Quite numerous.

Jared Schultz of Northwood /Solon Springs has made the record book so many times it’s hard to count the number of mentions.  He’s listed in 30 offensive spots.  Yes, thirty!!!  NINE more times when you count kick returns and defensive stats.  He’s the all-time 8-player leader in total 8-player offense with 9,396 career yards and 136 total touchdowns responsible combining passing and rushing.  This is just in one category.  Jared is the 8-player all-time leading career scorer. In 2024 he ran for a record 28 two-point conversions and in his career, he ran for 42 conversions. He’s just everywhere on the record lists.

Next are the Koon twins from Madison Abundant Life/St. Ambrose.  Jonah Koon was the team’s quarterback who set a lot of records in only nine games in 2024.  Most yards passing in a season, 3,201, 45 touchdown passes (Tied with Nick Kita of Gibraltar in 2013) on the year and most consecutive 300+ yards passing in a game, to name a few.  Jonah is mentioned 15 times in the records.  His brother Jacob is mentioned 14 time, most notable for hauling in 65 passes, second in the state during the year but for a record 1,653 yards, a 25.4 per catch record and a record 183.7 yards per game. 

Another notable record was set by Lucas Glindt of Winter/Birchwood who only played in four games but set a state 8-player single game reception record for catching 20 passes for 291 yards (#8 all-time in a single game for yards) vs. Washburn.  Lucas had another great game against Mellon when he caught 15 passes for 243 yards.  All total, for his four games in 2024, Glindt caught 43 passes for 657 yards.  Just think where his totals might have been if he played a full season.

Well, that’s just a brief Holiday recap. 

Shorter than normal but changes are coming to the record books.  The 11 & 8-player record books are being revamped, and I hope when they are posted on the WFCA web site in January you will like the new look.  Some of the category listings will be trimmed.  A example is the 11-player two-point conversions list that currently has eight players listed with five and 27 listed as having scored four two-point runs.  Those 27 will probably be trimmed leaving just those eight players with five conversions.

I again ask coaches, especially those in 8-player to fill in the stats on WISSPORTS as completely as possible.  Scoring info is the main area where some of your players could get mention.  Without details on two-point conversion rushes, or by passing  or by recieving some of your players might not be getting the recognition they deserve.  I realized it may be hard to get someone to be your regular stats person but maybe a fan or a student who is good with math can help out. Hopefully a coach or two can go back and relook at film and add those missing scoring stats or email me with the totals.

Also, Kevin Askeland at MaxPreps has completed a basic national 8-player record book.  Click below or copy and paste to look at it.  A few Wisconsin players have made the lists.

MaxPreps debuts 8-man high school football national record book

Finally, while WISSPORTS is only as good as you make it there is an additional way to get your team and players recognition.  Put your stats on MAXPREPS as well for a national listing.  As an example, Christian Collins of Green Bay Notre Dame would rank #7 in the NATION!!! if his stats were added to MAXPREPS. Blake Thiry would be #15 nationally in scoring and Collins and Josiah Johnson would be in the top 25 of scoring.  But look, West De Pere uses MAXPREPS as well as WISSPORTS and Patrick Greisen is ranked #34 in the nation for passing yards.  In 8-man Johah Koon would be ranked #5 and his brother Jacob would also be #5 nationally in receiving yards.  Don’t shy away from WISSPORTS but think of MAXPREPS as an additional stats location. 

Thanks to all and I hope you Holidays are blessed and safe.