[tim-tim]

Mr. B,
While my team is not in Texas, we were faced with the exact same situation. We have a core group of students from private and home schools that have been on the team for quite a while. Originally we asked if this was ok, probably 5+ years ago, and we received the ok. Then last year we had to ask the school system a completely unrelated question and they "investigated" or looked into the team and gave us a list of things that needed to be addressed; one of which is the private and home school students.

Our initial reaction was the school system was trying to "take credit" for the program. We were very defensive and aggressive at first, and got nowhere. We settled for the time to look into alternatives. The school system has a relationship with the Boy Scouts of America as an explorer post for other activities, so that quickly filtered to the top. We also did some research on 4-H and a few other local options. We were planning a proposal, but another meeting was held before we could finish the proposal; probably a good thing looking back.

The school system had switched tones and began to work with us on the issue. They noticed and explained they understand what the mission and purpose of the team. They also realized the impact and support the program gives and receives from the community and didn't want to see that diminish in any way. They came out and told us it came down to liability on the non-school system students. That is the root of the problem we had to solve. To do this we agreed to allow the lawyer to write a waiver of liability that each private or home school student must complete. We brought the parents of the students in to allow the lawyer to explain everything and the parents agreed this was a very viable solution.

I encourage you to work with the school system. In our case, we were able to find a "simple" solution that had very little impact on how we normally operated.

Over the weekend I heard that another team picked up liability through their county Parks and Recreation office. Their team was viewed just as any other sport team (soccer, field hockey, etc).

I hope this helps. Please let me know if you need any assistance or further details.
-Tim