NIL rules by state
New York NIL rules for college and high school athletes
New York college athletes can earn NIL money under Education Law Section 6438-c, signed by Gov. Kathy Hochul in November 2022, which requires athletes to disclose NIL contracts to their college before signing. New York high school athletes can earn NIL money too, under NYSPHSAA's amateur rule, as long as there is no school, team, section or NYSPHSAA affiliation in the endorsement.
We confirmed the college law against the official New York statute. The high school rule is summarized from NYSPHSAA's October 2021 announcement as reported; check the current NYSPHSAA handbook for exact wording.
| Level | Rule | Who sets it |
|---|---|---|
| College | Yes: N.Y. Educ. Law § 6438-c | N.Y. Educ. Law § 6438-c |
| High school | Allowed with limits | New York State Public High School Athletic Association (NYSPHSAA) |
Key facts
- College law: New York Education Law § 6438-c, "Student-athlete compensation" (signed November 21, 2022).
- Athletes must tell a college official, as the college designates, before signing an NIL contract.
- A college may block a deal that conflicts with the team contract, the student handbook, an existing college sponsorship, or that would cause it reasonable financial loss or reputational harm.
- Division I programs in New York must offer athlete assistance programs, which may include a financial distress fund, mental health support, financial literacy, degree completion help and career development.
- Athlete agents must be registered under New York's General Business Law; attorneys must be licensed in New York.
- High school: NYSPHSAA has allowed commercial endorsements since October 2021, with no school uniform, logos or affiliation.
On this page
New York NIL law for college athletes
New York's college NIL law passed the Legislature in May and June 2022 and was signed by Gov. Kathy Hochul on November 21, 2022. It now appears as Education Law Section 6438-c, "Student-athlete compensation."
Under Section 6438-c:
- Colleges and athletic governing bodies, including the NCAA, may not stop athletes from earning NIL compensation or getting professional representation, may not penalize a college for allowing it, and may not revoke a scholarship because of NIL earnings or representation.
- An athlete must disclose an NIL contract to a college official, as the college designates, before signing. The college does not have to disclose the contract's financial terms unless other law requires it.
- An athlete may not sign an NIL contract that creates a conflict. The college may assert one if the deal would breach the team contract or student handbook, clash with an existing college contract or sponsorship, cause reasonable financial loss or reputational harm, require activity during team activities or classes, misuse the college's intellectual property, or promote a competing sponsor.
- Colleges may not give prospective athletes NIL compensation.
- A team may not stop an athlete from using their NIL commercially outside official team activities, except where a conflict applies.
- Division I programs must offer athlete assistance programs, which may include a financial distress fund, mental health support, financial literacy training, degree completion help, training on sex-based discrimination and harassment, leadership training and career development.
- Agents must be registered under Article 39-E of the General Business Law and follow the federal Sports Agent Responsibility and Trust Act; attorneys must be licensed in New York.
New York high school NIL (NYSPHSAA)
In October 2021 the New York State Public High School Athletic Association changed its amateur rule to allow students to take part in commercial endorsements, provided there is no school team, school, section or NYSPHSAA affiliation.
- No school uniform in an endorsement.
- No school, section or NYSPHSAA logo or identification.
- Breaking the rule can cost a student eligibility.
Private and parochial schools that compete in other leagues may follow different rules; ask your athletic director.
Pending legislation
Senate Bill S10289, introduced May 11, 2026, would amend Section 6438-c to add protections for minors (parental consent, plain-language disclosure and a five-business-day cancellation period), require colleges to answer NIL disclosures within seven business days, and create a state NIL ombudsperson. As of our last check it was in the Senate Higher Education Committee.
Frequently asked questions
Can New York high school athletes get NIL deals?
Yes. NYSPHSAA allows commercial endorsements with no school, team, section or NYSPHSAA affiliation, no school uniform and no school logos.
Do New York college athletes have to disclose NIL deals?
Yes. Education Law 6438-c requires athletes to disclose an NIL contract to a college official, as the college designates, before signing it.
Can a New York college block an NIL deal?
It can assert a conflict, for example with the team contract, an existing college sponsorship, class or team time, or its intellectual property, or where the deal would cause reasonable financial loss or reputational harm.
Next steps
Sources
- New York Education Law § 6438-C, Student-athlete compensation — The New York State Senate
- S5891F (2021-2022) — The New York State Senate
- New York passes name, image and likeness law for college athletes — Morgan Lewis
- S10289 (2025-2026) — The New York State Senate
- State says high school athletes can now profit from name, image and likeness — 27east
This is general information, not legal advice. NIL rules differ by state, school, association and sport, and they change often. Check the official sources linked on this page and talk with your school's compliance office, your state association or a licensed attorney before you sign anything.