Working draft · Not adopted
Supporting material. These notes and sources do not add conformance requirements.
On this page
Governance and publication options
Status: Non-normative decision note. No entity has been formed, administrator appointed, or license granted.
Distinct functions
- Publish the protocol: make a versioned text available for reading, copying, and potentially adaptation.
- Maintain the official standard: control revisions, interpretations, and the authoritative version.
- Administer conformance: accept program commitments, verify evidence, keep a registry, and apply remedies with review and appeals.
- Handle officials’ issues: designate a counterparty responsible for payment procedures, complaints about treatment of officials, and enforceable corrective action.
An open copyright license addresses the first function. The other functions require governance rules, adoption agreements, staffing, and operational capacity. The protocol could be openly licensed while a separate body controls the official version and conformance designation.
Options to evaluate
| Model | Practical fit | Principal issue to resolve |
|---|---|---|
| Publish openly without an administering body | Rapid circulation and feedback; programs can adopt the text. | No central accountability, verification, or reliable recourse for officials. |
| Independent Texas nonprofit steward with a contracted administrator | Mission-oriented governance and a distinct home for the official standard; a qualified organization could perform administration under contract. | Board design, funding, tax status, and actual enforcement powers must be established. |
| Texas public benefit corporation steward with a contracted administrator | Can combine public-benefit mission with a for-profit operating model and outside investment. | It remains a for-profit corporation with shareholders; its incentives and control structure may affect acceptance by schools and officials. |
| Existing organization as steward and administrator | Can start with an established organization and its operational systems. | The protocol may depend on that organization’s mission, capacity, and willingness to provide impartial decisions. |
| Interim host or fiscal sponsor, followed by an independent steward | Allows a pilot before selecting a permanent entity. | The host’s authority, ownership of the text, funds, records, and transition rights need written terms. |
Working direction for discussion
The strongest candidate for a durable, widely adopted protocol appears to be an independent nonprofit steward with representation from home-school programs and independent voices familiar with schools and officiating. It could publish a versioned, openly reusable standard, reserve an official conformance designation, and contract program administration to a qualified organization. The steward should retain policy, appeals, and audit authority rather than delegate all oversight to the administrator. A public benefit corporation remains viable if a for-profit funding and operating model is needed.
This is a governance hypothesis, not a legal or tax determination. Texas treats a public benefit corporation as a for-profit corporation; Texas nonprofit formation does not itself grant tax exemption. The exact entity and any federal tax classification need tailored legal and tax review before formation.
Decisions before publication or launch
- Identify the copyright holder and choose a license for the written standard; consider CC BY 4.0 for text, while reserving a distinct name or conformance mark for authorized use.
- Define who can adopt the standard, which version applies, how revisions take effect, and how exceptions are recorded.
- Define who owes officials’ fees, payment deadlines, complaint intake, investigation, sanctions, appeal rights, and data retention.
- Define board seats, conflicts of interest, administrator performance measures, and the right to replace an administrator.
- Seek feedback from affected schools, officiating organizations, and prospective home-school adopters before claiming their support.