MILWAUKEE, Wis. — With growing support nationwide for high school athletes to profit from their name, image, and likeness, it was only a matter of time before NIL arrived in Wisconsin. But as with anything new, it also brings plenty of questions.
Watch: NIL Rulebook: What’s allowed (and what’s not) for Wisconsin high school athletes
"Everybody is used to hearing what it is at the collegiate level, and this NIL rule is nothing close," Pewaukee athletic director Jeff Behrens said.
Before unpacking how this policy differs, it's important to understand the principles guiding it.
"Key thing that we always try to maintain is the fact that high school sports is amateur sports," Wisconsin Interscholastic Athletic Association (WIAA) associate director Mel Dow stated. "Not to have kids to be paid for their performances, but they own their own name, image, and likeness, and that's what high school associations are starting to see."
In fact, most states already have.
According to the Business College of Sports, 42 states plus the District of Columbia have passed NIL polices. That growing push nationwide prompted Wisconsin athletic directors to take action before lawmakers did it for them.
"As a membership, we wanted to say into what that process looked like," Kettle Moraine athletic director Ryan Tomczyk said.
"There was a big push for the athletic directors to pass this rule this year so that the state legislature wouldn't pass it in their own version," Behrens added.
Conversations about what NIL would look like in Wisconsin first began four years ago in September 2021.
In 2024, more than half of the WIAA's member schools voted it down. However, this past April, the tide shifted, with nearly 75% voting in favor.
This approved Constitutional amendment will allow students to enter into NIL opportunities for activities not associated or identified with their school team, school, conference or the WIAA, and in accordance with other prohibited NIL activities, including language attempting to… pic.twitter.com/vOzTgeJO37
— WIAA (@wiaawi) April 25, 2025
"I'm happy to see that Wisconsin has adopted it," Eido Walny, owner of Walny Legal Group, stated. "I think it's great for the student-athletes, those who can market some of their NIL rights. It's a nice opportunity for them. But again, it's going to be the Wild West here for a while."
As a Milwaukee business owner, Walny speaks from experience. He inked the state's first NIL deal shortly after the policy went into effect, but even that came with a few growing pains.
"The rules for NIL in Wisconsin through the WIAA are a little complicated," Walny said.
What parents and athletes should know
Unlike at the college level, NIL partnerships cannot be associated with an athlete's high school, conference, or the WIAA.
"Our athletes cannot use Pewaukee, they can't use their uniforms, they can't mention that they're a Pewaukee athlete," Behrens explained.
"But if by chance you run for a track club outside of high school sports, you can wear your track club uniform and mention that you were the national champion in the 300 hurdles in that respective sport," Dow added as an example.
Performance-based compensation is also not allowed, and to avoid any possible crossover, students cannot enter NIL deals with anyone who contributes or is associated with their school.
"So for example, if we have a local pizza restaurant in town that also sponsors our athletic department or our school in any way, even our booster club, they cannot strike an NIL deal with any of our students," Behrens shared.
That includes alumni business owners — and unlike in college, high school athletes aren't allowed to have agents.
"The WIAA has made the parents' role critically important," Walny stated. "Get a lawyer to help you, get an accountant to help you. This is business."
Because while it's easy to get blurry-eyed over numbers, tax obligations are very real, even at the high school level.
"Anytime that you make revenue, you have obviously those responsibilities that come with it, and that's why families should really dive deep into what it is," Dow said.
However, this isn't about discouraging deals because at the WIAA's core, NIL is an extension of what high school sports are all about: education through experience.
"You get to see the student athletes learn entrepreneurial aspects to it, communication, financial literacy, things that a lot of our parents in this community really want to see promoted," Tomczyk explained.
While students aren't required to report NIL deals, keeping your athletic director in the loop is key — not just to avoid violations, but to make sure you're protected every step of the way.
"The message that we've ended every single educational session on is bring every deal to me and just run it by me and I'll let you know if it's a good deal or if it's going to be a potential violation," Behrens shared.
"As athletic directors, we're not here to write the contract, we're not here to negotiate contracts, but we are here to support them," Tomczyk added.
As a reminder, the WIAA sets the floor, not the ceiling. That means schools might have stricter NIL rules in place.
It's important that athletes and parents stay in contact with their athletic directors, especially in an environment where the rules could evolve.
For more information on the WIAA's NIL policy, click here.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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