The law
New York's college NIL law is N.Y. Educ. Law § 6438-c (status: in force). Everything on this page is taken from the enacted text on the legislature's own site, linked under Sources, read on October 21, 2026.
What it says
| Question | What the statute says | Section or source |
|---|---|---|
| Who is covered | A "student-athlete" is (i) a student enrolled at a college and participating in intercollegiate athletics, or (ii) an individual who has completed at least sophomore year of high school (or the international equivalent) and is or may be eligible to attend a college and compete. Anyone permanently ineligible in a sport is excluded. The section does not define "college". | § 6438-c(1)(a) |
| Disclosure to the school | An athlete who enters a contract paying for use of their name, image or likeness "shall disclose the contract in advance of executing it to an official of the college, as designated by the college." No dollar threshold or form is set. | § 6438-c(6)(b) |
| Banned categories | Not addressed. The statute lists no banned product categories; a college may assert a conflict where a deal "would reasonably be judged to cause financial loss or reputational damage to the college." A 2026 bill (A11712) would bar endorsing tobacco, alcohol, illegal substances or activities, banned athletic substances, or any gambling or gaming, including sports wagering; it is in committee. | § 6438-c(6)(d)(iv) |
| Conflicts with team contracts | An athlete may not sign a deal with a provision that causes a conflict. A college may assert a conflict on grounds including, but not limited to: violating the team contract, the student handbook or code of conduct; conflicting with a college contract or sponsorship; financial loss or reputational damage; actions during team activities or scheduled classes; use of the college's name, marks, uniforms, colors, landmarks or other intellectual property; displaying a sponsor during official team activities; or promoting a competitor of a college sponsor. The college discloses the conflicting provisions to the athlete or their legal representative but need not disclose financial terms. A team may not stop commercial NIL use outside official team activities except for such a conflict or another prohibition in the section. | § 6438-c(6)(a), (c), (d); (7) |
| School and coach involvement | The NCAA, a conference or similar body may not prevent a college from "identifying, facilitating, enabling, or supporting opportunities" for athletes to earn NIL pay, and may not penalize a college because a booster or other entity supporting the college violates association NIL rules. Coaches are not addressed. | § 6438-c(2)(c)(ii), (2)(d)(iii) |
| Direct pay from the school | Not addressed for enrolled athletes. A college, athletic association, conference or similar body "shall not provide a prospective student-athlete with compensation in relation to the student-athlete's name, image, or likeness." | § 6438-c(3) |
| Agents and attorneys | No college or association may stop an athlete from hiring agents or lawyers for NIL contracts or legal matters. Representation must come from persons registered or licensed by the state: athlete agents registered under General Business Law article 39-E (registration with the Secretary of State, GBL § 899-d) and attorneys licensed under Judiciary Law article 15. Agents must comply with the federal Sports Agent Responsibility and Trust Act. Under article 39-E, the agent and the athlete each notify the athletic director within 72 hours of signing an agency contract or before the next athletic event, whichever is earlier, and the athlete may cancel within five days of signing. No fee cap. | § 6438-c(4)(a)-(c); GBL §§ 899-c, 899-d, 899-i, 899-j |
| High school and minors | High school students who have completed sophomore year are "student-athletes" under the section (added by ch. 154 of 2023), and colleges may not pay prospective athletes for NIL. No rule specific to minors (such as parental consent) is in the statute; 2026 bills A10964/S10289 would require a parent's or guardian's written consent and a 5-business-day rescission period for minor prospective athletes, and are in committee. High school play is governed by NYSPHSAA rules. | § 6438-c(1)(a)(ii); (3) |
| Financial literacy | Each college athletic program in NCAA Division 1 "shall offer" a student-athlete assistance program, which may include broad-based financial literacy training, a financial distress fund, mental health services, degree completion aid, training on sex-based discrimination and harassment, leadership training and career development. | § 6438-c(8) |
| Scholarship protection | A cost-of-attendance scholarship is not compensation under the section and may not be revoked because the athlete earns NIL pay or obtains legal or agent representation. | § 6438-c(5) |
| Confidentiality of contracts | Not addressed. A college asserting a conflict need not disclose the contract's financial terms unless other law requires it. | § 6438-c(6)(c) |
| NCAA and conference penalties | An athletic association, conference or similar body, including the NCAA, may not prevent an athlete from earning NIL pay, may not prevent a college from competing because it allows NIL pay or supports NIL opportunities, and "shall not and shall not authorize its member institutions to" exclude a college over an athlete's NIL, open a complaint or investigation or take adverse action over protected NIL activity, or penalize a college over a booster's or collective's violation. A college may not uphold rules that prevent NIL pay. | § 6438-c(2)(a)-(d) |
| Remedies and enforcement | Not addressed. The section names no enforcing agency, penalty or private right of action (A10964/S10289 would add rights of action against governing bodies and against agents, attorneys and NIL advisors). Article 39-E carries its own criminal, civil and administrative remedies against agents. | GBL §§ 899-m, 899-n, 899-o |
| Employee status | Not addressed. | Not addressed |
What changed in 2023
Chapter 154 of 2023, signed and effective 2023-06-30, renumbered the law from § 6438-a to § 6438-c and widened "student-athlete" to include anyone who has completed at least sophomore year of high school and may be eligible for college sports. It also added § 2(c)(ii) and § 2(d): the NCAA, a conference or a similar body may not open a complaint or investigation against a New York college for protected NIL activity, may not authorize its members to do so, and may not penalize a college because a supporter of the college or its athletes, such as a booster, broke the association's NIL rules.
Pending in 2026
Three bills to amend § 6438-c were introduced in 2026 and, as of 2026-10-21, sit in the Higher Education committees with no further action: A10964 (2026-04-14) and its Senate twin S10289 (2026-05-11), which would rewrite the section, and A11712 (2026-09-16), which would bar NIL deals endorsing tobacco, alcohol, illegal substances or activities, banned athletic substances, or any gambling or gaming, including sports wagering. None is law.
After the House settlement
Section 6438-c was written before the House settlement (approved 2025-06-06, In re College Athlete NIL Litigation, No. 20-cv-03919, N.D. Cal., as cited in S. 4668 § 123(b)), and its text has not changed since 2023. It neither authorizes nor bars payments from a college to its enrolled athletes; its only pay rule is the ban on NIL compensation from a college, association or conference to a prospective athlete (§ 3).
How it changed
| Act | What it did | Effective |
|---|---|---|
| Ch. 622 of 2022 (S5891-F / A5115-E, "New York collegiate athletic participation compensation act") | added the section as Educ. Law § 6438-a; signed 2022-11-21; it applies to contracts entered into, renewed, modified or amended on or after its effective date | 2023-01-01 |
| Ch. 154 of 2023 (A7107-B / S7388-A) | renumbered the section § 6438-c; added high school students who have completed at least their sophomore year to "student-athlete"; added § 2(c)(ii) (associations may not prevent a college from facilitating NIL opportunities) and § 2(d) (no association complaints, investigations or penalties against a college over NIL, including over the conduct of supporters such as boosters); signed 2023-06-30 | 2023-06-30 |
Federal law
As of 2026-10-21, S. 4668 (Protect College Sports Act) passed the Senate 77-22 on 2026-09-28 and has been held at the House desk since 2026-10-05; it is not law. If enacted as passed, § 121(a)(2) would bar state laws that govern, regulate or invalidate school, conference or association rules on NIL compensation, which describes New York's § 6438-c(2) (no NCAA or conference penalties, no complaints or investigations) and § 6438-c(7) (limits on team rules). Section 121(a)(1) would reach any New York rule that prevents compliance with the federal title; S. 4668 would add Division I disclosure to the school and association within 5 days for deals over $600 (§ 101(b)), alongside New York's disclosure before signing (§ 6438-c(6)(b)). Section 121(b)(1)(A) would preserve uniform athlete agent acts, which covers General Business Law article 39-E, and § 121(b) also preserves state contract, privacy and consumer protection law, except where they conflict with § 121(a). S. 4668 § 114(a)(1)(C) would separately bar schools from paying prospective athletes before enrollment, and § 102 would add a federal 5% agent fee cap on endorsement contracts.
What sits on top of it
- Division I reporting. Third-party deals of $600 or more go to NIL Go within five business days, whatever the state's own rule (NIL Go, reporting a deal, level by level).
- Your school. A school can set a stricter policy than the statute, and most set the disclosure process.
- Agents. New York's athlete-agent rules are on the state-by-state registration table.
- High school. High school NIL in New York is set by the state's athletic association, not this statute.
- Taxes. NIL taxes in plain words.
How Leave fits
In Leave, every deal thread carries a rules summary for the athlete's state and level, and keeps the contract, its dates and the disclosure deadline that applies. It is a summary, not a ruling; the school and the statute decide. Leave is software, not an agent, and takes 0% of any deal. You decide, you send.
Questions about college NIL law in New York
What is New York's NIL law in 2026?
Education Law § 6438-c, enacted by chapter 622 of 2022 (in force 2023-01-01) and amended by chapter 154 of 2023 (2023-06-30). As of 2026-10-21 the text on the Legislature's site matches those two chapters, and no later amending chapter was found. It lets college athletes, and high school students past sophomore year, earn NIL pay, requires disclosure of each contract to the college before signing, lets colleges assert conflicts on listed grounds, and bars NCAA and conference penalties over NIL.
Can New York colleges pay athletes directly?
The statute does not address payments by a college to enrolled athletes. It does say a college, athletic association or conference "shall not provide a prospective student-athlete with compensation" for NIL (§ 6438-c(3)). Revenue sharing under the House settlement is not mentioned in the statute.
Do I have to tell my school about an NIL deal in New York?
The statute says an athlete "shall disclose the contract in advance of executing it to an official of the college, as designated by the college" (§ 6438-c(6)(b)). There is no dollar threshold. If the college asserts a conflict, it tells the athlete or their legal representative which provisions conflict.
Does New York require an NIL agent to be licensed?
Yes. Section 6438-c(4)(b) says athlete agents must be registered under General Business Law article 39-E (the Uniform Athlete Agents Act, administered by the Secretary of State) and lawyers must be licensed in New York. Agents must also follow the federal Sports Agent Responsibility and Trust Act. Article 39-E lets an athlete cancel an agency contract within five days of signing.
Can New York high school athletes sign NIL deals under this law?
The statute's definition of "student-athlete" includes anyone who has completed at least sophomore year of high school and may be eligible for college sports (added in 2023), and it bars colleges from paying prospective athletes for NIL. Whether a high school student can sign a deal and keep high school eligibility is set by NYSPHSAA rules, not by § 6438-c.
Be your own agent. Leave.
