by Nicole Piscitani • March 8, 2026
Over the past few years, college athletes in Ohio have seen laws enacted to allow name, image or likeness (NIL) agreements, and until recently, middle and high school athletes were unable to enter into these agreements.
The Ohio High School Athletic Association’s (OHSAA) purpose, as cited by its constitution, is “to regulate, supervise and administer interscholastic athletic competition among its member schools to the end that the interscholastic program be an integral factor in the total educational program of the schools. This shall be accomplished by cooperation with all agencies vitally concerned with the health and educational welfare of high school, middle school and junior high school students; determining qualifications of individual contestants, coaches, and officials; providing information through literature and other materials to facilitate athletic relations among member schools; establishing standards for sportsmanship and competition; furnishing protection against exploitation of school or student and in any manner directed by the member schools.”
Prior to November 2025, OHSAA rules did not allow middle and high school student-athletes to enter into NIL compensation agreements. However, in early fall 2025, a student-athlete sued OHSAA, challenging the NIL rules. OHSAA, under its constitution, had the ability to conduct a special referendum due to the pending court case. OHSAA members voted in November to allow student-athletes to enter into NIL compensation agreements, but the referendum did include restrictions.
Since the vote, 32 student-athletes have entered into a NIL agreement, and the Ohio legislature has concerns. House Bill (HB) 661, sponsored by Reps. Adam Bird (R-New Richmond) and Mike Odioso (R-Green Twp.), would prohibit a middle or high school athlete from earning NIL compensation. Specifically, the bill would:
- Prohibit a student participating in middle or high school interscholastic athletics from earning compensation from the student’s name, image or likeness or earning any other compensation related to the student’s position on the roster of an interscholastic athletics team.
- Make a student who earns compensation prohibited by the bill ineligible to participate in the sport related to the compensation.
- Require each organization that regulates interscholastic athletic conferences or events to adopt rules or bylaws to establish a procedure to investigate and make a determination regarding an allegation that a student has earned prohibited compensation and to establish an appeal process.
The prohibition would apply to all student-athletes enrolled in middle or high school at a public school, community school, STEM school, chartered nonpublic school, nonchartered nonpublic school or college-preparatory boarding school and those who are homeschooled.
Since the bill’s introduction on Jan. 29, 2026, the House Education Committee has held four hearings, with additional hearings likely to be scheduled throughout March. The continued HB 661hearings indicate that the Ohio House is likely to pass this bill before the short spring recess. The Ohio Senate does not have a companion bill, and education leaders in the Senate have not shared their viewpoints on student-athlete NIL agreements. Additionally, Gov. Mike DeWine has not commented on HB 661 and, while not directly related, DeWine did indicate that his biggest legislative regret was signing the bill in 2021 that legalized sports gaming.