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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.

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