Mar 03, 2026
Lakota East High School football coach Jon Kitna, a former longtime NFL quarterback, submitted written proponent testimony regarding Ohio House Bill 661.Under the proposed House Bill 661 legislation, a student participating in O hio High School Athletic Association (OHSAA) middle or high school interscholastic athletics would be prohibited from earning compensation from name, image and likeness (NIL). State Representatives Adam Bird (R-New Richmond) and Mike Odioso (R-Green Township) announced the bill Feb. 3."I feel that we have rushed into the world of Name, Image, and Likeness," Kitna said in written testimony posted on the Ohio House of Representatives Education Committee website Tuesday. "I know that the world in which we live is driven by the ability to make money, and I certainly understand the legal ramifications of not allowing individuals to capitalize on their ability to make money. The issue I have is that I feel we went from a stance of no, that is not going to happen in Ohio, to yes, we will embrace this."Kitna noted the questions he has regarding NIL in Ohio high school sports in his written testimony.I, for one, am not clear on what is allowed or prohibited," Kitna wrote. "There seems to be so many gray areas, and the gray area is where individuals get taken advantage of, relationships are damaged, and reputations are ruined. This, in my opinion, opens the door for individuals who want to take advantage of young men and women and their families.Tuesday afternoon was the third hearing on House Bill 661.Dr. Scott Grant, assistant professor of education and chair of graduate and advanced licensure programs at the University of Findlay and president of Triple Threat Leadership, gave testimony Tuesday afternoon in front of the committee as an interested party.Over the past five years, Grant said he has helped write, analyze and implement high school NIL policy frameworks across multiple state associations and worked with hundreds of schools, organizations and athletic administrator associations across the country in understanding and clarifying NIL policies from a safety and compliance standpoint.NIL activity and interscholastic athletics can coexist but only if the policy framework clearly separates NIL activity from participation in interscholastic sports and includes enforceable guardrails, Grant said in written testimony. In my professional opinion the current OHSAA framework does not accomplish that and the process to where we are now has not provided an appropriate measure of support for their membership.State Rep. Sean P. Brennan (D-Parma) asked Grant who is in a better position to create NIL guidelines the OHSAA or the Ohio General Assembly.I think it can be both, Grant said in response.Kitna, a former Cincinnati Bengals quarterback who completed his third season as the Lakota East head coach this past fall, said he wants clear standards and bylaws and more administrative positions at the OHSAA to deal with those who are not operating according to rules and guidelines.He also said he wants defined consequences for those who break the rules, including punitive measures for coaches and administrations.We have already shown that we are not able to maintain a level playing field in Ohio as it pertains to recruiting violations and competitive imbalance between the private and public sectors, Kitna wrote. The allowance of NIL will further widen that gap and put families in greater conflict over where they reside geographically or the commuting of their athlete.Kitna joined St. Xavier football coach Steve Specht and Mason City Schools Superintendent Jonathan Cooper with proponent testimony for House Bill 661.Last week, five other individuals were listed by the House Education Committee as opponents, including Columbus-based attorney Luke Fedlam, who represented 2027 high school star wide receiver Jamier Browns family in the October 2025 lawsuit against the OHSAA.If Ohio is concerned about recruiting inducements, compliance gaps, or exploitation, Ohio should follow what most other states have done: regulate, educate, and enforce, Fedlam said in written testimony. HB 661 takes a different approach. It eliminates a right and claims protection as the justification, despite the absence of data showing that regulated high school NIL has produced the widespread, unavoidable harms its proponents predict.OHSAA Executive Director Doug Ute testified last week as an interested party.After the OHSAA membership voted down NIL in 2022 by more than a two-to-one margin (538 to 254), the states high school sports governing body has maintained dialogue with school leaders while its legal counsel reviews best practices from across the country, according to Ute.In November 2024, we convened a committee of approximately 25 school administrators to evaluate policy options and provide direction for Ohio, Ute wrote. Then over the past year, this issue has been discussed at numerous regional meetings with administrators offering additional feedback afterward. While it is true that pending litigation accelerated the timing of the final vote, the national landscape made it clear that action in Ohio was both foreseeable and necessary.Last week, Ute said 32 NIL agreements have been reported this school year to the OHSAA.Ohio high school principals voted on behalf of the schools during the OHSAA emergency referendum vote in November. There were 447 schools in favor of the referendum and 121 schools voting against, while 247 schools abstained from voting.SIGN UP: Subscribe to our high school sports newsletter ...read more read less
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