The rule
High school sports in Delaware are governed by the Delaware Interscholastic Athletic Association (DIAA). The rule is 14 DE Admin. Code 1030, Student Athlete Eligibility, Amateur Status, section 3.4, adopted September 11, 2024 and published October 1, 2024 (28 DE Reg. 294), read with regulation 1009 on influence for athletic purposes; the live text matches the 2024 adoption. Everything on this page is taken from the DIAA's own text, linked under Sources.
| Question | What the rule says |
|---|---|
| Allowed? | Yes, since about October 11, 2024, for middle and high school |
| Who must be told | The school's athletic director, within 72 hours or before the next scheduled event, when the student signs an agency contract under 24 Del.C. section 5409; no form, no parent signature, no rule for ordinary NIL deals |
| School and DIAA marks | No school logos, name or mascot; no DIAA marks or acronyms; no apparel or equipment carrying them; no school facilities |
| Banned categories | Tobacco, alcohol or gambling products |
| Pay-for-play and recruiting | Not contingent on specific athletic performance or achievement, and not an incentive to enroll or stay; regulation 1009 section 5 bars offers of money or valuable consideration, with ineligibility up to a full school year for a recruited student |
| Schools and collectives | Not provided by the school or any person acting as an agent for the school; collectives are not named |
| Agents | Allowed, with the 72-hour disclosure; Delaware's athlete-agent act defines an agency contract to include an NIL agreement |
| Penalty | Ineligible in the sport where the violation happened; reinstatement after a period of up to the number of days in the school year (section 3.3); forfeits under regulation 1009 |
What the rule says
- The permission. "A student may earn compensation from the use of the student's name, image, and likeness" (section 3.4), which overrides the general endorsement ban in section 3.2.7. The Board adopted it September 11, 2024; it took effect ten days after publication on October 1, 2024, for middle and high school.
- Three conditions on the pay. It "is not contingent on specific athletic performance or achievement," is not an incentive to enroll or stay, and "is not provided by the school or any person acting as an agent for the school."
- No school or DIAA identity. No school logos, name or mascot; no DIAA marks or acronyms; no apparel or equipment carrying them; no school facilities (3.4.1 to 3.4.3).
- Three banned categories. "The student shall not endorse tobacco, alcohol, or gambling products" (3.4.4).
- The agent disclosure. A student who signs an agency contract under the state's athlete-agent act notifies the athletic director "not later than 72 hours after entering into the contract" or before the next scheduled event, whichever comes first (3.4.5). No form or parent signature; no rule for ordinary deals.
- Recruiting. Regulation 1009, section 5, bars offers of money or valuable consideration to influence athletic choices; a recruited student can be ineligible for up to one full school year.
- The penalty. Ineligible in the sport where the violation happened, with reinstatement after a period of up to the number of days in the school year (3.3); forfeits under regulation 1009, section 2.7. The live 2026 text matches the 2024 adoption, with no later Register citation.
What sits on top of it
- Your school and district. A school or district can set a stricter policy than the DIAA. The athletic director is the person who knows it.
- Private and non-member schools. The rule covers DIAA member schools. A school in another association follows that association's rule.
- College rules later. A deal that is fine in high school can still matter to the NCAA, NJCAA or NAIA. At Division I, third-party deals of $600 or more go to NIL Go, and prospects report from the first day of junior year. The NIL guide has the college windows and NIL Go has its own page.
- Agents. The state's athlete-agent law applies to high school athletes; can a high school athlete have an agent? and the state-by-state registration table cover it.
- Taxes. NIL pay is taxable at any age. NIL taxes in plain words.
- The contract itself. What each clause means.
How Leave fits
In Leave, every deal thread carries a rules summary for the athlete's state, level and age, and a disclosure packet for the school comes with a countdown to the deadline. It is a summary, not a ruling; your school decides. Athletes 13 to 17 use Leave through an account a parent or guardian creates, and are visible to businesses only when the guardian has turned that on and the state allows high school NIL. Leave is software, not an agent. You decide, you send.
Questions about high school NIL in Delaware
Can high school athletes sign NIL deals in Delaware?
Yes, since October 2024, under 14 DE Admin. Code 1030, section 3.4, which also covers middle school. A student may earn compensation from their name, image and likeness provided it is not contingent on performance, not an incentive to enroll or stay, and not from the school or anyone acting for it.
Do I have to report an NIL deal in Delaware?
Only an agency contract. A student who signs one under the state's athlete-agent act tells the athletic director within 72 hours or before the next scheduled event, whichever comes first. There is no disclosure rule for ordinary NIL deals; a school may set its own.
What is banned in Delaware?
School logos, name or mascot, DIAA marks or acronyms, apparel or equipment carrying them, and school facilities; and the regulation says the student shall not endorse tobacco, alcohol or gambling products.
What is the penalty in Delaware?
Ineligibility in the sport where the violation happened, with reinstatement possible after a period of up to the number of days in the school year, and forfeits under regulation 1009.
Be your own agent. Leave.