Wisconsin high school athletes may soon be allowed to get NIL money. Here's what to know.

Zac Bellman
Milwaukee Journal Sentinel

STEVENS POINT – The WIAA will consider a constitutional amendment concerning name, image and likeness language that would allow Wisconsin high school athletes to profit while maintaining eligibility during the governing body's annual meeting April 24.

Here's what to know about NIL and the proposed language of the amendment:

What is NIL, and how did we get here?

Name, image and likeness concerns a student athlete's authority to profit off of those three aspects of their identity. In a groundbreaking 9-0 ruling in June 2021, the U.S. Supreme Court upheld a lower court's ruling in NCAA v. Alston that the NCAA's restrictions on "education-related benefits" for collegiate athletes violated antitrust law. The ruling opened the door for student athletes at the college level to profit off of NIL.

Do states other than Wisconsin allow high school athletes to benefit from NIL?

According to the Business of College Sports, which has tracked NIL legislation across the country among state laws and high school associations, 31 states have adopted legislation to allow athletes to benefit from NIL. Among them are three of Wisconsin's neighboring states — Illinois, Minnesota and Iowa. That list was last updated on Oct. 4, 2023.

What restrictions does the WIAA proposal for NIL include?

While the WIAA proposal opens the door for athletes to profit off of their name, image and likeness, there are several key limitations outlined in the proposal. A student athlete may not appear in the uniform of the student's school, nor may any logos, marks or other designations of the school team, school, conference or the WIAA appear as part of any endorsement. Language also exists in the proposal to ban the promotion of activities and products associated with: gambling/gaming; alcoholic beverages, tobacco, cannabis, or related products; banned or illegal substances; adult entertainment products or services; and weapons.

Compensation may not be tied to any specific athletic performance or achievement and must be commensurate with market value. Any compensation may not be used as an inducement to attend a particular school or remain enrolled at a particular school. The proposal also includes language that extends to "persons associated with the school" to cover a wide range of third parties who may not provide compensation to recruit or retain a student-athlete.

NIL activities may also not interfere with academic or athletic obligations. The proposed language also prohibits student-athletes from utilizing an agent or other representation. High school employees are also prohibited from helping facilitate NIL deals.

We asked readers how they feel about NIL opportunities being permissible for high school athletes

We asked readers for responses to the WIAA proposal and published a selection of replies as the debate continues on whether NIL opportunities should be available to high school student-athletes.