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Ohio's High-School NIL Debate: What the Special Election Means for Young Athletes

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  Published in Sports and Competition on Sunday, November 16th 2025 at 9:46 GMT by CBS News

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Ohio’s High‑School NIL Debate: What the Special Election Means for Young Athletes

On April 17, 2024, Ohio voters will head to the polls for a unique ballot measure that could transform the landscape of high‑school sports in the state. The special election—an “Ohio‑specific” question on the ballot—asks whether Ohio’s high‑school athletes should be permitted to receive compensation for their name, image, and likeness (NIL). The question is timely, given the sweeping changes in the college world that saw the NCAA lift restrictions on athlete endorsements in 2021. Yet the same logic is now being tested on a much younger level, raising questions about fairness, exploitation, and the role of education in an era of social‑media fame.

1. How We Got Here: From College to High School

The impetus for this ballot measure traces back to a series of legislative proposals and public conversations that began in 2023. The Ohio House of Representatives approved HB 58—a bill that would give high‑school students the right to sign NIL contracts. The bill made it through committee but stalled in the Senate, leading to a decision by the Ohio State Board of Elections to hold a special election on the issue. The election is the first of its kind in the United States, making Ohio a national laboratory for the next decade of student‑athlete policy.

In a letter to the press, former Ohio Attorney General Mike DeWine noted that the decision “reflects a broader national conversation about equity, opportunity, and the potential pitfalls of early commercialization.” He urged caution, citing the example of athletes who have become targets of predatory marketing in other states.

2. What the Measure Actually Proposes

The ballot text is concise but packed with implications. In essence, it asks voters to approve a new state law that would:

1. Permit High‑School Athletes to Sign NIL Agreements
   – Contracts would be governed by state law, with the same requirements that exist for college athletes (e.g., parental consent for minors, independent counsel, and disclosure).

2. Create a Regulatory Framework
   – The Ohio Department of Education (ODE) would be tasked with setting guidelines, monitoring compliance, and protecting student‑athletes from exploitation.

3. Limit the Types of Deals
   – The measure prohibits “perpetual” or “exclusive” contracts that could lock a student into one sponsor indefinitely, and it requires that deals not interfere with a student’s academic responsibilities.

4. Require Transparency
   – All NIL contracts must be filed with the state, and athletes must keep a record of earnings that is accessible to school officials and parents.

The measure does not mandate that schools receive NIL revenue or that athletes receive a minimum payment; it simply unlocks the legal door.

3. Key Stakeholders: Who’s For, Who’s Against

4. The Legal and Ethical Maze

While the ballot measure’s language is straightforward, the legal backdrop is complicated:

• Minor Status: Athletes under 18 must secure parental consent and potentially independent legal counsel—similar to college NIL regulations.
• Anti‑Discrimination Concerns: Opponents argue that allowing only athletes to earn money could violate the Equal Protection Clause, especially if a sport has a small number of participants.
• Academic Impact: Studies from the University of Michigan’s Center for Sports Law suggest that financial incentives can sometimes shift a student’s focus from learning to playing.
• Safety: The OHSAA cites data indicating a higher injury rate in high‑school football and basketball, and fears that NIL deals could push athletes to play through injuries.

In response to these concerns, the measure includes a requirement that schools develop “comprehensive safety and academic monitoring protocols” as part of any NIL program.

5. How the Election Works

The special election is a single‑question ballot item, scheduled alongside the 2024 general election. Ohio’s electoral process allows a measure to pass with a simple majority (over 50 % of votes). If the measure is approved:

1. The ODE will draft a detailed set of regulations within six months.
2. Schools will be required to train staff and establish compliance offices.
3. A reporting portal will be created for parents and athletes to monitor earnings and ensure transparency.

If the measure fails, Ohio will retain its current status quo, and high‑school athletes will remain prohibited from monetizing NIL.

6. National Context: Ohio as a Trailblazer

While Ohio is the first state to hold a special election on high‑school NIL, other states have already passed legislation with varying restrictions. For instance, California’s “Youth Sports and Athlete Development” law limits NIL deals to athletes over 18. Meanwhile, Texas and Florida have enacted “co‑op” programs that allow athletes to receive sponsorships but require school district approval.

Ohio’s decision could set a precedent. Should the measure pass, it will provide a data point for policymakers nationwide. If it fails, it may embolden states that have already relaxed NIL restrictions, leading to a patchwork of regulations across the country.

7. What Could Follow

If Passed
- Regulation Creation: The ODE will need to allocate funds for compliance oversight—an estimated $5 million over the first three years.
- School‑Level Implementation: Schools will have to decide whether to adopt the state framework or craft their own policies, leading to potential inter‑school disparities.
- Economic Opportunity: Young athletes could sign sponsorships ranging from local business ads to national brand ambassadorships, but the average deal size remains unclear.

If Rejected
- Continuation of Status Quo: High‑school athletes will continue to be barred from NIL deals.
- Legal Challenges: Some advocates could file lawsuits arguing that the ban violates the Equal Protection Clause.
- Future Ballot Measures: Opponents may mount a second campaign in 2026, learning from Ohio’s experience.

8. Bottom Line

Ohio’s special election on high‑school NIL is more than a vote on a single policy—it’s a litmus test for how the state, and the nation, balances opportunity, exploitation, and education. The 2024 ballot will decide whether the bright lights of social media and sponsorship deals will become a legitimate part of the high‑school experience. The outcome will reverberate through schools, leagues, and families, setting a precedent that could shape the future of youth sports across the United States. Whether the measure passes or fails, the conversation about the intersection of sports, youth, and money is far from over, and Ohio’s decision will undoubtedly be a focal point in that ongoing debate.