By-Laws for the Quaqua Society, Incorporated 

1  Purpose 

1.1  The Quaqua Society, Incorporated ("QAS") (pronounced as "kwah-kwuh society") and its operations and programs, including the QAS Financial Assistance Program ("FAP," which encompasses both merit, talent, and need assistance), exists to symbolize, facilitate, and promote the spirit of unity, excellence, and shared values that exist amongst members of the diverse worldwide home-education community. The shared values of the home-education community include a commitment to 1) utilize family institutions and ongoing, self-directed, self-initiated education to attain the highest levels of achievement, 2) advance, protect, instill, enhance, and disseminate those aspects of societal knowledge, law, custom and practice which are required for people in all parts of the world to meaningfully enjoy access to home education, and 3) invest in students, leaders, and institutions connected with home education, through scholarships, grants, micro-grant learning circles, ^[1]   the internet, and other means now known and unknown that are or may become consistent with tax-exempt status, in ways that are calculated to help overcome poverty and other crippling barriers to meaningful, self-directed, family-based education. ^[2]   QAS encourages flexibility and innovation at the local level to find ways to empower parents in their efforts to raise unique and excellent children. 

QAS does not promote philosophical or religious ecumenicalism (or actively oppose such movements) and is not intended to eliminate, trivialize, or ignore significant differences among the different religions, philosophies, and cultures as found amongst members of the diverse home education-community. ^[3]   QAS does, however, encourage home educators to act as responsible members of their community by working with others of differing backgrounds to identify and build upon common ground in order to promote basic public virtue, public order, individual liberty, practical wisdom, disciplined creativity, and societal progress. ^[*]   QAS promotes an approach based upon personal merit, objective economic need, and strategic organizational considerations, rather than demographic preferences or quotas, and it intends to encourage home-education activity in diverse demographic settings. ^[4]   The QAS webpage and other resources may provide links and other information concerning independent financial assistance programs which do not meet the criteria required for direct participation by QAS. For example, it would be permissible to list and advertise the availability of a scholarship offered by an unaffiliated foundation only to Latino, Catholic, female home-education students, even though QAS would not offer any of its own assistance with such eligibility restrictions.

QAS encourages home educators and society at large to preserve their unique personal identities and distinctive cultural heritages and to treat people of all backgrounds and opinions (including those with opinions at variance with QAS) with a basic level of civility, respect, deference, and dignity. QAS is committed to working in coordination with existing home-education organizations to accomplish QAS's purpose, execute QAS programs and operations, and promote the general well-being of the home-education community. QAS and its membership and eligibility criteria have been structured to maximize the number of individuals who can be served in a practical manner, taking into account logistical, social, political, and economic factors. 

1.2  The QAS Protege Award recognizes the applicant with superior, general, balanced skills and accomplishments, who shall for the relevant year symbolize and embody the ideals promoted by QAS. Other merit scholarships ("Merit Awards") use the same format as the QAS Protege Award and honor other applicants with considerable (though sometimes less general or balanced) merit. These other Merit Awards are named 1) to honor prominent home-educated individuals from the past (e.g. "Benjamin Franklin Scholarship Award," "Thomas Edison Scholarship Award," etc.), 2) "With Appreciation to" a donor who wishes such identification in conjunction with the Award, or to a person the Committee ^[5] wishes to honor, or 3) "In Memory of" a person, place, event, or thing that a donor or the Committee wishes to honor by identifying them (or it) in conjunction with the Merit Award. 

1.3  Other separate categories of scholarships are permitted for applicants with unusual specialized talents or accomplishments ("Talent Awards" for such activities as the performing arts, applied sciences, entrepreneurship, governmental participation, sports, etc.) and for applicants demonstrating special economic need as one (or the only) factor weighed into the applicant evaluation process ("Need Awards"). 
 

2  Eligibility 

2.1  The Quaqua Protege Award recipient shall be drawn from among the diverse segments of the home education community. Award recipients, individually and as a group, may be from any demographic segment of society, as defined by race, nationality, ethnicity, gender, age, religion, world view, medical challenge, or other characteristics, ^[6] except as specifically limited by QAS Articles of Incorporation or these By-Laws. 

2.2  The Protege Award recipient shall be a student who: 

2.2.1  Has been educated in the home ^[7] for either:

2.2.1.1  Eight consecutive years, all accrued after the student's sixth birthday, OR

2.2.1.2  For (A) a total of at least five years (only three of which must be consecutive) during the time period from age four to age eighteen, AND (B) at least half of the time-period spanning from age four to age eighteen (or from age four to the current age of the applicant as it will be on the date of the applicant's admission to a program of higher learning, if that age will be younger than eighteen) 

2.2.2  Currently is, or within three years of the formal scholarship grant date shall be, pursuing a college degree or equivalent achievement in an institution or program of higher learning 

2.2.3  Has not yet achieved a bachelor's degree or the final year of undergraduate class standing in a college or university or other institution of higher learning, unless the Protege Award winner is receiving a category of the Award specifically open to graduate-degree students. 

2.3  The Protege Award recipient must obtain a score placing them in at the 80th percentile or above on the American College Test, the Scholastic Aptitude Test, the Graduate Record Examination, the Medical College Aptitude Test, the Law School Admissions Test, the Graduate Management Admissions Test, the Test of English as a Foreign Language, or some other general exam of equivalent reliability used on a routine basis for selecting admission to a recognized program of higher learning. Multiple sittings for the same or different applicable exams must be reported, although only one adequate score from any test is required and averaging or weighting of various tests will not be done for purposes of establishing or verifying eligibility. Scholarships for specialized talents (e.g. music) or for need-based assistance may, by appropriate Committee vote, be exempted from this requirement. 

2.4  The Protege Award recipient and all other recipients of QAS financial assistance should exemplify the following characteristics: 

2.4.1  A record of excellence in one's area of interest 

2.4.2  An inquisitive mind and a record of self-initiated learning 

2.4.3  Self-discipline and a strong work ethic 

2.4.4  A creative mind capable of practical problem-solving and/or enlarging the human soul or intellect 

2.4.5  Social competence and awareness to the degree necessary to work and communicate with others in order to make a contribution to society, as defined by context, although the style need not be conventional 

2.4.6  A potential and a desire to make a meaningful and unique contribution to society  

2.4.7  A respect for and a sense of individuality and an ability to retain distinctiveness in mind, spirit, and action 

2.4.8  Civic awareness, responsibility, and understanding, including a familiarity with basic issues relevant to alternative education (including private, parochial, and home education), parental rights, and the United States Constitution 

2.4.9  A commitment to one's family, and respect for one or more of the traditional forms of the heterosexual family institution as found in civilizations based (according to self-assertion) upon Judeo-Christian scripture or Jewish scripture, the Koran, the Confucian Code, Buddhist tradition, Hindu tradition, Sikh tradition, Shinto tradition, Taoist tradition, traditional aboriginal and tribal structures, and/or other ^[8] traditions. The Board may alter the definition of what constitutes a permissible tradition, and the limitations expressed in this footnote, only by a 4/5 vote. Merit Award alumni may override such a vote by a petition signed by 2/3 of living signatories. An exception to the general prohibition on impermissible tradition applies for attorneys or other similar official advocates who must make arguments on behalf of third parties pursuant to obligations imposed by official legal or ethical codes.

2.4.10  A commitment to respecting and preserving the legal rights and liberties of all people with regard to their rights as adults to:

2.4.10.1  direct the upbringing of their own natural child,

2.4.10.2  engage in the free exercise of religion,

2.4.10.3  enjoy freedom of expression, meaningful petitioning of the government, free association, and a meaningful opportunity to vote for sovereign governmental representation,

2.4.10.4  be free of unreasonable government searches or seizures of property or people,

2.4.10.5  enjoy family autonomy in their own homes and in their efforts to meaningfully and reasonably defend their own custodial children from physical and non-physical dangers,

2.4.10.6  obtain due process and fair procedural processes for legal proceedings against them, and

2.4.10.7 be free from core legal and economic badges or incidents of involuntary servitude, and from the terrorism of unprincipled, arbitrary and capricious public mayhem. ^[9]

The personal views of Award recipients or Committee members regarding the above matters shall not be imputed to QAS as part of its official set of tenets.

2.4.11  A grasp of basic skills necessary for functional adulthood and admission to programs of advanced learning (including an ability to read, write, and perform basic mathematical operations such as addition, subtraction, multiplication and division) ^[10]

2.4.12  A willingness, in the event that the applicant is chosen to be a recipient and subsequently progresses in life to have the means and ability required, to contribute some of their time, money, and/or other resources to building and promoting the QAS programs and operations so that future applicants can be similarly assisted (except that applicants and recipients of QAS' FAP shall not, except where explicitly agreed as part of separate written agreements not required for selection of the Merit Awards and Talent Awards, be deemed to have any formal legal or ethical or moral duty to contribute any time, money, or resources to QAS at any time, save for appearances at meetings or public events which shall not exceed five in number) 

2.5  The Protege Award recipient (and the recipient's custodial guardian(s), unless the requirement is waived in writing by the Committee ^[11] ), must sign a statement, and affirm through acceptance of these By-laws, to signify that they 

2.5.1  have read (or have otherwise heard and understood, in English or as otherwise translated) the general purpose statement for QAS and the eligibility requirements for the relevant QAS program,

2.5.2  currently agree and conform with the concepts and requirements set forth in the general purpose statement and eligibility requirements,

2.5.3  understand and accept the fact that selection processes for QAS programs will encompass an avoidably subjective component,

2.5.4  waive their right to sue for civil damages, for any reason connected with QAS and its programs and operations, to the maximum extent permitted under local or otherwise applicable law, including contract law, tort law, civil rights law, trust law, and constitutional law, and agree that the applicant or the parent or guardian or sponsor signing for a minor applicant shall fully reimburse QAS for the costs, fees, expenses, and other monetary outlays associated with an unsuccessful legal action

2.5.5  accept the choice of law, jurisdiction, venue, and arbitration authority specified in advance by the Committee through its web sites, promotional literature, and/or contracts, to govern any legal disputes related to QAS or its operations or programs, including agreement and acknowledgment that-- 

2.5.5.1  Utah state law, except for Utah choice-of-law provisions, shall govern all disputes with or among QAS or its officers or trustee or other employees or participants, except where there is an explicit written agreement to the contrary, and arbitrators in Utah or secondarily the courts of Utah shall be used wherever permitted under law and QAS has given no indication to the contrary, and in all cases all participants and applicants shall be obligated to fully exhaust their remedies afforded by the internal Quaqua process before seeking an external resolution and to handle all disputes in a confidential manner;

2.5.5.1.1  the laws of Vatican City, or, as a second resort, the laws of the United Kingdom, shall prevail wherever possible and feasible in any international dispute which precludes the application of Utah and/or United States law 

2.5.5.2  Unless otherwise specified by written contract, venue for any arbitration or litigation brought against QAS or its officers or trustee or other employees, whether initiated by QAS officers or trustee or other employees or participants, shall be in state or federal courts found within the state of Utah. 

2.5.5.3  QAS retains the right to decide whether to have its Article and Bylaw and contractual provisions treated as severable if such are deemed to conflict with the laws of a particular jurisdiction, and no challenge shall be made to the validity of any QAS waiver of a provision struck by a tribunal in order to preserve the validity of other provisions, and no provision of any QAS contract or bylaws or articles shall be construed to have the intent of conferring legal third-party benefits or standing for third-party suits or intervention  

2.5.6  understand that QAS has not and will not personally avail itself in any way of the laws or benefits of a sovereign territory where QAS operations would unavoidably violate the governing law, and that QAS will knowingly conduct business with applicants of any residence outside of such territories, and that to the degree legally permitted the parties shall be estopped from asserting otherwise

2.5.7  will not attempt to hold up QAS, or any of its programs or operations or official philosophy, to public ridicule, except that criticism is permissible for official misconduct by QAS officers which is in the nature of an intentional tort or breach of fiduciary duty. 

2.6  An unsuccessful applicant may reapply during a subsequent year of selections for any Merit or Talent or Need Award, unless the Committee, by majority vote, decides and publically communicates in advance of accepting applications that applicants may not reapply for the relevant specified class of awards. 

2.7  The Committee may specially solicit an application from an individual who appears unusually outstanding and promising, but such an applicant must make cooperate so that the Committee, using its discretion in what information shall be provided and evaluated, may verify that the individual is in fact the most deserving applicant for a Protege or Merit or Talent Award. Proactive searching and nominating may occur as a separate component of an overall effort to identify the most deserving Award recipient from the world-wide population. Proactive searching and nominating may be conducted in a manner that is, with respect to the unsolicited applications, parallel, simultaneous, and complimentary. The Committee shall have power and discretion to choose either a proactively-identified and proactively-contacted nominee, or an unsolicited applicant who utilizes the approved application form. Due to inherent and unavoidable logistical considerations, the Committee shall not be bound to make timing or manner of the screening for proactively identified nominees the same as the screening for the unsolicited applicant who uses an application form. Application forms are considered a tool in identification and screening, and Quaqua and the Committee shall have no obligation to differentiate or identify nominated recipients and applicant recipients. An Award recipient shall be bound by the same post-award obligations, regardless of whether they were screened as a nominee or an applicant.  

2.8  Although QAS will attempt to be objective and fair in its Awards programs, the selection of and retention of leaders, the application of disciplinary and eligibility criteria, and related matters requiring the exercise of judgment, QAS expressly observes the possibility of, and reserves the right to be, political, arbitrary, and pragmatic in its decision-making, since its process involves a diverse group of people attempting to compare and coordinate a diverse group of applicants and volunteers to help promote alternative education before the public, and QAS will hold this notice against any applicant, participant, official, or donor who chooses to complain against QAS through legal or other means on the aforementioned grounds. Eligibility requirements and other aspects of QAS programs and operations may, by sufficient vote of discretion by the appropriate QAS officials as it is harmony with the general purposes outlined in the Articles and By-Laws, be suspended or modified on a short-term or long-term basis with respect to one or more applicants as individuals or as a group or geographic region, to the extent required to achieve the intended objectives of QAS and to 

2.8.1  conform with applicable local laws,

2.8.2  address compelling problems caused by local customs, local conditions, or other considerations,

2.8.3  prevent or alleviate rare and compelling individual instances of unfairness or injustice, and/or

2.8.4  protect the well-being of QAS, its programs and operations. 
 

3  Evaluation Criteria 

Five or more ^[12] Committee members shall evaluate each particular application and assign a 0.0 to 10.0 scaled score for each of the following categories. ^[13]  

3.1  The highest and lowest scores for each category shall be dropped, with the average of the remaining scores multiplied according to the following weights and then added together: ^[14]

3.1.1  Application       (10%) 

Answers to application questions, including demonstration of QAS ideals and the characteristics required for Protege Award eligibility in the answers provided, quality of goal statements, neatness, etc. 

3.1.2  Letter(s) of Recommendation and Forms of Evaluation (5%) 

Letter(s) of recommendation are primarily for verification purposes and are not intended to reward applicants for being well-connected. Letter(s) evidence that the applicant possesses at least a minimally adequate level of social competence and character and that the applicant may possess unusual or noteworthy traits. A standard evaluation form may at discretion of the Committee be required in conjunction with the letter. The letter shall not to be scored higher on the basis of its author's identity, except insofar as author identity is relevant to demonstrating the author knows the nominee and is a credible evaluator. The applicant shall not be penalized for a letter with poor form, since the applicant is not allowed to see the letter. Except where the Committee specifically grants a waiver in advance for unusual circumstances, the letter shall not be written by any blood-relative, adoptive-relative, or step-relative of the applicant. 

3.1.3  Writing Sample     (10%) 

The writing sample shall be a sixty-minute exercise sent in a sealed form to the applicant with the application. The original writing form packet shall be opened and administered by a local librarian, judge, ecclesiastical leader, education official, notary public, commanding military officer, embassy official, or other individual approved in advance by the Committee. The writing exercise shall ask the applicant to take and support a position within a precise allotted writing space in response to a posited question or issue, and standardized scratch paper shall be provided along with the test. The applicant will be judged solely on the technical quality of the statement and exposition; the substantive merit of the position taken shall not be evaluated. The question shall in most cases relate to some conceptual issue relevant to alternative education. The applicant shall be held to exactly sixty minutes. The applicant may use a watch, but the proctor shall not be required to provide access to a clock or watch and shall announce only the starting and ending times. ^[15] Applicants facing medical challenges may submit letters explaining why compliance with this requirement is difficult or impossible, and the Committee may respond according to its discretion. 

3.1.4  Academic, Professional, or Vocational Preparation (20%) 

Applicants must submit transcripts, lists, test scores, and/or other materials which provide the Committee members with adequate insight into the preparation of each applicant for pursuing their chosen academic, professional, and/or vocational field. The Committee shall look for evidence of achievement, commitment, self-direction, and motivation on the part of the student. The Committee shall consider whether the evidence indicates the applicant has a sufficient base of skills necessary to gain admission to their chosen institutions or programs of advanced learning. Applicants shall not be penalized or favored simply on the basis of whether their educational track resembles the standard public education structure in such matters as, for example, regimen, curriculum, or accreditation. 

3.1.5  Extra-curricular Activities, Work Experience, and Other Resume Items (15%) 

The Committee shall look for depth of accomplishment and adequate and optimal (but not excessive) breadth of activity, and may take into account any commendable or unusual je ne sais quoi exhibited by the applicant. 

3.1.6  Display of Talent       (40%)

A portfolio, work, writing, project, performance (via video or audio tape), or other display of talent, individually or in combination as dictated by the conventions associated with the relevant talent, shall be submitted by the applicant. 

3.1.6.1  In evaluating the display of talent, the Committee shall consider the following:

3.1.6.1.1   Judgment, creativity, thoroughness, and discretion shown in talent design and/or execution 

3.1.6.1.2   Judgment, creativity, organization, discretion, appropriate conciseness, and clarity in presentation of the talent, except that applicants may note to the Committee, and shall not be penalized for, a lack of wealth or other resources or adult assistance which is beyond their personal control but which unavoidably precludes the most polished form of presentation 

3.1.6.1.3   Degree of skill and/or aptitude displayed in talent performance or execution 

3.1.6.1.4   Degree of talent significance relative to improving the lives of others 

3.1.6.2   The Committee may in its discretion and by majority vote consult outside experts in order to enhance their understanding of specialized displays of talent. No Committee member shall be bound by the input of experts thus consulted. The Committee may also take reasonable steps to facilitate performance or observation of a talent implicating unusual circumstances or an applicant in unique circumstances. 

3.1.6.3   Except where the applicant specifically requests otherwise (e.g., for personal, political, or security reasons, or for legal or trade-secret considerations), the Committee may select submissions from applications for display at Protege Award ceremonies, fairs, conventions, or promotions, and for depiction in materials and literature designed to promote QAS program and operations to the public. 

3.1.7  Medical Challenges, Isolation Caused by Geography (Considered)or Severe Social Disruption  

These factors may be considered to the extent that they hamper an applicant's ability to communicate their merit to the Committee or participate in certain activities that might normally be included in the applicant's record. 

3.1.8  Age       (Considered) 

Although most recipients will likely fall between the ages of 14 and 28, there is no absolute minimum or maximum age requirement for either eligibility or required achievement. The Committee may, however, take age into account insofar as it is necessary to address:

3.1.8.1  "Intensity" of the student's activity. For example, a student who has completed 12 "units" of extra-curricular activity in 4 years has done less than a student with 8 "units" in 2 years, since the first student completed 3 "units" per year in contrast to 4 "units" per year for the second student. 

3.1.8.2  Social maturity. For example, an applicant who is a 15-year-old college freshman is not expected to exhibit the same social sophistication as a 22-year-old college freshman. 

3.1.8.3  Potential shown by a student considering that student's performance relative to his/her age group. For example, all other factors being equal, a ten-year old earning an A on a calculus course would be more impressive than an A earned by a twenty-year old for that same course. The absolute level of skill for all recipients must, however, be high enough for entrance into advanced education programs. The Committee must also consider the importance of consistency and stamina, and in some circumstances attempt to weigh achievement against potential. 

3.1.9  Economic Need     (Variable) 

Economic need qua economic need may not be considered for Merit Awards. ^[16] Economic need may, however, be weighed in awarding other scholarships and assistance specifically identified as Need Awards, in a manner dictated by whatever guidelines the Board shall see fit to impose in advance of the Award offering. Economic need may also be considered when evaluating the skill and polish demonstrated by an applicant in using the resources available to submit their application (e.g. a poor typewriter or an inability to purchase the most preferable materials for demonstrating a talent).

When economic need is an acceptable consideration, medical challenges may be considered as part of economic need. Although race, gender, ethnicity, religion, and world view may not be assigned inherent significance in selecting recipients, the effects of demonstrable and compelling incidents of persecution or discrimination personally suffered by an applicant as a result of their inherent characteristics may be factored into evaluations of economic need. ^[17]

3.1.10  Race, Gender, Ethnicity, National Origin, Religion, Worldview (0%) 

These characteristics may not be considered to the advantage or disadvantage of applicants, except where relevant to demonstrating objective and meritorious achievement. ^[18]  

3.2  The Committee may, in its discretion, decide that 1) two or more applicants are so close in their level of merit that any decision would be within the margin of error and a meaningful meritorious distinction cannot reliably be made, and 2) a random process should be used to select the applicant(s) for the limited available slot(s) of assistance. The Committee retains discretion in determining whether to notify applicants or the public about use of the random process, but the Committee must decide by majority vote to withhold such information. 
 

4  Structure and Selections of and for QAS, Including Committee Organizations for the Processing of QAS FAP Applications and QAS Memberships 

The following positions and guidelines shall govern administration of the QAS FAPs. ^[19] The Board of Trustees ("Board") may, in its discretion, create analogous subordinate governing structures for Learning Circles Microgrant Assistance and/or Need Awards. If a QAS awards or FAP is created, it must be governed by principles and administration analogous to that for the Protege Award. 

4.1  Board of Trustees. The Board of Trustees ("Board") shall be the governing legal body over QAS and all of its operations and programs and shall be composed of an odd number of members of no less than three and no more than nine. Absent a future vote of the Board to the contrary, the Board shall constitute the sole membership of QAS for formal tax and legal purposes. The Board serves the same purpose and has the same powers as the body often described by the appellation "Board of Directors." The Board shall constitute the ultimate and final authority with respect to all matters and issues arising in conjunction with QAS, including its FAP, the Protege Award, Merit Awards, Talent Awards, Need Awards, the Elijah Award, ^[20] the Parent of the Year Award, other miscellaneous honorary awards, administration of Learning Circles Microgrant Assistance, and administration of miscellaneous grants. The Board shall adhere to other rules as provided in the Articles of Incorporation. 

4.1.1  Except where in violation of the Articles of Incorporation or the By-Laws, the Chief Executive Officer shall enjoy all traditional powers and authority commensurate with the position as would be recognized by Utah law. 

4.1.2  The Board shall select a Chief Executive Officer and the members of the various program committees. Program committee members need not be members of the Board of Trustees. Although it is anticipated that all participants in program governance will serve voluntarily without compensation, the Board has power through unanimous vote to amend the By-Laws to authorize compensation for its own members or other individuals in the event that aspects of QAS governance are demonstrated through experience to be too burdensome to be adequately conducted without financial compensation. 

4.1.3  Board members shall recuse themselves from personally voting upon any decision affecting the selection of their relatives for Committee positions or FAP awards, or any decision where there is a conflict of interest under traditional principles of United States corporate or trust or tax law, but they may speak on behalf of any person before the Board upon disclosure of their relationship with the person advocated. Board members may not advocate on behalf of any person before committees, entities or authorities directly subordinate to the Board. 

4.1.4  Except where otherwise provided, the Board shall act by a simple majority vote. A four-fifths vote of the Board shall be required to change specific rules for Protege and other FAP eligibility set forth in the By-Laws, or to alter the Articles of Incorporation. After ten years have accrued from the date of incorporation, and as a check upon the Board's power as to discrete issues significant to the financial and political well-being of QAS and the values of QAS (as opposed to an exercise in continuous organizational governance), Merit Award winners from all alumni years for QAS shall have power to override a Board vote regarding any matter (including initiation of an independent financial audit) by submitting a petition to the Board meeting bearing the informed signatures of two-thirds of all Merit Award alumni winners who are alive as of the date of the meeting involving the submission. The Board shall have the right contact all signatories for purposes of verification and persuasion. A signatory may revoke the validity of their signature by submitting a letter to that effect which is properly acknowledged by a notary public and received in physical possession by the Board within four months of the date when the petition was submitted to the Board. 

4.1.5  The Board may prematurely remove any Board member or other QAS official from service for breach of fiduciary duty, misconduct, commission of criminal or tortious activity, serious violation of QAS guidelines, acts of severe public misconduct or embarrassment which tend to harm the public reputation of QAS, or like compelling considerations. The Board may suspend official authority until a complete investigation or legal resolution can be achieved. The Board may also authorize any lawfully allowed questionnaires and background checks deemed necessary to ensure that potential Board and/or Committee members and/or program officials (1) are in compliance with QAS requirements, (2) have not committed serious crimes which would preclude effective service, (3) have not shown themselves to be a threat to the safety of other QAS participants, and (4) have not shown themselves to constitute a potential embarrassment or disruption to QAS and its programs and operations, as defined by the Board. The Board may, as appropriate and to the extent allowable under all laws, Articles, and By-Laws, delegate this authority. 

4.1.6  The Board may refuse to conduct QAS programs or operations in any geographic jurisdiction where local law or practice would jeopardize the integrity of QAS or its programs or operations. The Board shall have wide latitude to act by majority vote to take measures required to alleviate impending legal, financial, or other emergency threats to the practical integrity of QAS, its programs or operations. The Board may create other legal entities, including corporate entities, to assist in furthering QAS purposes. 

4.1.7  If a By-Law provision requires a super-majority vote of the Board in order to take a certain action, the Board may not amend that By-Law except by the same super-majority as the one required for the action addressed by the relevant By-Law, and a similar principle shall govern for any votes by Committee members or by Board committees regarding super-majoritarian issues. If a measure substantially similar to one defeated in part by the vote of a Trustee who has subsequently been involuntarily removed is raised again and successfully passed by the Board within two years from the date of the Trustee's effective date of removal, the Board's action shall not be operative without ratification by a majority vote from the Quaqua merit scholars who are alive after a bona fide attempt has been made by the Board to notify all eligible voters; this sentence shall not take effect until ten (10) years from the date of the Society's incorporation.  

4.1.8  The Board shall meet at least annually, or as required by applicable law, at an agreed upon time and place. The date of the regular annual meeting shall be set by the Board of Trustees who shall also set the time and place. Special meetings may be called by the Chair, a written order signed by a third of the Board, or the Chief Executive Officer with the concurrence of a Board member. Notice of each meeting shall be given to each voting member, by mail, not less than ten days before the meeting, but notice may be waived through a writing signed at any time. A majority of the Board shall be required in order to constitute a quorum for a valid Board meeting. 

4.1.9  Terms for Board members shall be four years.

4.1.9.1  Terms shall be renewable and new Board members shall be elected by a majority of current Board members.

4.1.9.2  Election of new directors or election of current directors to a second term will occur as the first item of business at the annual meeting of the corporation.

4.1.9.3  Resignation from the Board must be in writing and received by the Secretary. A Board member shall be dropped for excess absences from the Board if involved in three unexcused absences from Board meetings in a year.

4.1.9.4  When a vacancy on the Board exists, nominations for new members may be received from present Board members by the Secretary two weeks in advance of a Board meeting. These nominations shall be sent out to Board members with the regular Board meeting announcement, to be voted upon at the next Board meeting. These vacancies will be filled only to the end of the particular Board member's term.  

4.1.10  When the Board shall have five or more members, there shall be five officers of the Board consisting of a Chair, Vice Chair, Secretary and Treasurer. Their duties are as follows:  

4.1.10.1  The Chair shall convene regularly scheduled Board meetings, shall preside or arrange for other members of the executive committee to preside at each meeting in the following order: Vice-Chair, Secretary and Treasurer.

4.1.10.2  The Vice-Chair will chair committees on special subjects as designated by the board.

4.1.10.3  The Secretary shall be responsible for keeping records of Board actions, including overseeing the taking of minutes at all board meetings, sending out meeting announcements, distributing copies of minutes and the agenda to each Board members, and assuring that corporate records are maintained.

4.1.10.4  The Treasurer shall make a report at each Board meeting. Treasurer shall chair the finance committee, assist in the preparation of the budget, help develop fundraising plans, and make financial information available to Board members and the public.

4.1.10.5  The Board may create committees as needed, such as fundraising, etc. The Board Chair appoints all committee chairs. The five officers serve as the members of the Executive Committee. Except for the power to amend the Articles of Incorporation and Bylaws, the Executive Committee shall have all of the powers and authority of the Board of Trustees in the intervals between meetings of the Board of Trustees, subject to the direction and control of the Board of Trustees.

4.1.10.6  The Treasurer is chair of the Finance Committee, which includes three other Board members. The Finance Committee is responsible for developing and reviewing fiscal procedures, a fundraising plan, and annual budget with staff and other Board members. The Board must approve the budget, and all expenditures must be within the budget. Any major change in the budget must be approved by the Board or the Executive Committee. The fiscal year shall be the calendar year. Annual reports are required to be submitted to the Board showing income, expenditures and pending income. The financial records of the organization are, to the extent required by law, public information and shall be made available to the membership, Board members and the public.


4.1.11 No expenditure, contract, or obligation, or cumulation of the same authorized within the same six-month period, totaling more than $5,000, may be incurred on behalf of Quaqua without the signed consent of a majority of the Board of Trustees. No individual member of Quaqua, regardless of their position, has actual or apparent authority to act on behalf of Quaqua in a contrary manner. Individual members of the Selection Committee and Advisory Board cannot incur expenditures, contracts, or obligations on behalf of Quaqua. 
 

4.2  Chief Executive Officer. The Chief Executive Officer shall be responsible for promotion of QAS programs and operations and purposes of the Board of Trustees, and shall oversee the deployment and administration of QAS resources as directed by the Board and (where applicable and within their authority) various program committees. 

4.2.1  The Chief Executive Officer shall not have power to overrule decisions of the General Selection Committee regarding matters within its scope of authority, but may take differences of opinion or disputes concerning authority before the Board of Trustees. Likewise, the General Selection Committee shall have no power to overrule decisions regarding matters within the purview of the Chief Executive Officer. The relationship between the Eligibility Committee and the Chief Executive Officer shall be similar to that specified between the Executive and the General Selection Committee. The Chief Executive Officer shall disclose potential and actual conflicts of interest to the Board so that appropriate safeguards can be undertaken. 

4.2.2  Subject to review by the Board, and except where in violation of the law or the Articles of Incorporation or the By-Laws, the Chief Executive Officer shall have the power to supervise, overrule, and expel any officer, employee, volunteer, award winner, or member of QAS or QAS programs or operations. The Chief Executive Officer shall have the power to delegate this authority. 

4.2.3  Subject to review by the Board, and except where in violation of the Articles of Incorporation or the By-Laws, the Chief Executive Officer shall enjoy all traditional powers and authority commensurate with the position as would be recognized by Utah law, including, but limited to, the power to enter into contracts in the regular course of business.  

4.3  General Selection Committee. The Board of Trustees shall select members for a General Selection Committee. Although such action should be unusual and infrequent, the Board shall retain ultimate authority to override any decision of the Committee or any other individual or committee helping to govern QAS or QAS programs or operations. The Board may, in its discretion, delegate selection of the Elijah Award or other honorary recognitions to the Committee instead of constituting some other selection process.  

4.3.1  Terms for General Selection Committee members shall be set in advance and shall be no less than one and no more than four years in length. The Board may by majority vote denote committee seats with varying lengths of tenure (e.g. four years for half the members, two years for a fourth of the members, and one year for the remaining fourth). Upon expiration of a member's term, it shall be presumed that the service of that individual is honorably and appreciatively concluded, unless the Board by majority vote renews membership of that individual and specifies an accompanying length of tenure which is shorter, longer, or similar in length to the previous expired term.  

4.3.2  Except as limited by the Board with respect to awards other than Protege and Merit Awards, the Committee shall have the authority to oversee the Protege Award Program and all Merit Awards, Talent Awards and Economic Need Awards. The Committee shall oversee selection processes and selection decisions regarding individual applicants. The General Selection Committee may delegate and/or divide some of its initial processes and selections (including eligibility clearance with an Eligibility Committee) with and among subcommittees of an odd number of three or more that are constituted either of General Selection Committee members and/or additional individuals selected by the General Selection Committee. The Committee shall by affirmative majority vote certify and approve, or overturn, decisions made by subcommittees with delegated power to select applicants. Except where otherwise noted, the General Selection Committee may take action by simple majority vote of all members on the Committee. 

4.3.3  No member of the General Selection Committee shall, for the relevant round of selections, be permitted to serve if they have a relative who has applied for QAS assistance or if they have other material conflicts of interest. The Board may allow limited service with recusal, if practical in light of conflict of interest rules commonly accepted amongst the United States judicial community (e.g. a Committee member could assist in selection of Need Award assistance or Learning Circle microgrant selection if they have a relative who is applying only for a Merit Award).  

4.3.4  The General Selection Committee shall include people possessed of reputation and diverse backgrounds drawn in most instances from different segments of the home-education community. This shall help ensure that 1) the public will be reminded of the diversity within the home education community, 2) people with diverse backgrounds and experience will feel welcome to participate in QAS, its operations and programs, 3) home educators will be reminded of some of the demographic communities that have made an especially important historic contribution to making alternative and home education legal and accessible in the United States and, eventually, throughout the world, 4) the Committee can operate in a way that serves to select the applicants solely based upon merit while simultaneously avoiding any appearance of bias or favoritism in the selection of those applicants from year to year, and 5) the Committee can avoid undue familiarity, favoritism or myopia in its group decision-making. 

4.3.5  The General Selection Committee is not intended to reflect the exact demographic composition of the home-education community or any other population. Committee members are not representatives or emissaries acting on behalf of specific demographic communities, although they are free to voice insights derived from unique backgrounds, associations, or experiences. Under no circumstances are Committee members to attempt to represent only the actual or perceived interests associated with their own demographic background or to impose any particular percentages or quotas upon the selection of applicants chosen to receive QAS assistance. Committee members must agree to focus solely upon individual achievement and merit in selecting recipients, except where the Board of Trustees identifies economic need, geographic boundaries, or other considerations as permissible factors. 

4.3.6  Except where the Board of Trustees waives, adds, or alters a requirement by a 2/3 vote, each of the following characteristics must be represented ^[21] by at least one member of the 21-member General Selection Committee: ^[22]  

4.3.6.1  At least one person who is or has been a home-educating parent or guardian or who has been home-educated in the way required for Protege Award eligibility, and at least one person who has never participated in home education  

4.3.6.2  At least one male and one female 

4.3.6.3  At least one person who is not a citizen of the United States, along with at least one person from one state within each of the Southern, Northeastern, Midwestern, Western, and Pacific regions of the United States ^[23]  

4.3.6.4  At least one Catholic, one Evangelical Christian or Protestant Christian, one Latter-Day Saint, one Jew, one Muslim, one member of a religion having origins in the East Asian region roughly spanning from India to Japan, ^[24] one atheist or agnostic or avowed secularist, and one member of some other worldview not included in the previous categories 

4.3.6.5  At least one libertarian, one social conservative, one economic conservative, and one political liberal 

4.3.6.6  At least one Republican or Tory and one Democrat or Labour Party member, or their analogous philosophical and political counterparts in other countries besides the United States and the British Commonwealth 

4.3.6.7  At least one person who can by the preponderance of available information ultimately trace 50% or more of their genetic heritage back to each of the following locales by no later a date than 1492: 1) Latin America or the Caribbean islands, 2) Asia, 3) Africa, 4) North America, Australia, or the Pacific Islands, and 5) Europe 

4.3.6.8  At least one artist or writer from a performing or practical or commercial or theoretic or academic field, ^[25] one scientist or engineer or computer scientist, ^[26] one medical doctor or medical professional, ^[27] one accountant or businessperson or entrepreneur, one person from employment in a manual-labor intensive vocation (including as examples such enterprises as farming, ranching, fishing, forestry, mining, mechanical repair, construction, or industrial factory-assembly labor), one current or former paid or unpaid teacher or tutor or counselor or religious leader who has fulfilled a formal and ongoing role for any academic or religious institution, one attorney, and one person with current or past service in their nation's military

4.4  Auditors 

4.4.1  QAS, its operations and programs shall utilize properly credentialed accountants and recognized accounting practices to supervise systems and operations in the collection, deposit, conversion, use, and disbursement of QAS funds. All major processing and uses of QAS funds by the Board, the Committee, and the Chief Executive Officer shall receive the signed certification of a QAS Board-selected accountant who has no interest in the transaction and no family relationship to those parties to the transaction. 

4.4.2  A professional, independent, and annual audit of QAS accounting practices shall be conducted by an outside accountant or accounting firm, and results shall be released to the public as required by applicable law 

4.4.3  Upon (1) request of an applicant, the Chief Executive Officer, the Board, or the Committee, and (2) verified clearance of all applicable conflict of interest issues, two auditor may temporarily assign a false identity to an application when, in their judgment, such a step is needed to ensure fair treatment of the applicant in the selection process or to address other compelling considerations (e.g. asylum status, political duress surrounding applicant, witness protection issues, desire of an applicant who is obviously related to a very influential person associated in the past years with QAS to avert accusations of favoritism). The Committee shall always identify at least one reserve applicant winner for each category of assistance, in the event that problems emerge with respect to the first applicant chosen or the winner proves to be a "false identify" applicant.  

4.4.4  Auditors may, with or without the authorization of the Board, submit fictitious applications for purposes of monitoring the integrity of selection procedures. Auditors must comply with any such monitoring ordered by the Board or the Chief Executive Officer. 

4.4.5  The Chief Executive Officer shall submit an annual proposed budget to the Auditors, who shall certify the budget proposal and submit it to the Board for approval (or rejection or approval as modified) by majority vote. Auditors shall not certify the proposed budget unless it: 

4.4.5.1  accurately reflects the current resources and operations of QAS, 

4.4.5.2  relies in its proposals for expenditure and operation only upon current and verified QAS assets and revenues (except where the Board by a 2/3 vote specifically approves of debt utilization or detrimental reliance upon anticipated revenue), 

4.4.5.3  comports with applicable local law and traditional principles of corporate and trust law regarding proper, prudent, and reasonable fiduciary management of charitable funds, investments, and assets, and 

4.4.5.4  avoids any contracts or arrangements which might make QAS vulnerable to financial pressure and control from outside sources, thereby creating a possibility that QAS features and principles might be unduly manipulated or altered or entangled with corrupt activities.  

4.5  Advisory Board. The Board of Trustees may constitute a temporary or permanent Advisory Board, with or without sub-committees or task forces, which shall have no formal legal, administrative, or voting power over QAS, its operations or programs. The Board of Trustees by majority vote may select or remove or limit members of the Advisory Board. The Advisory Board may also be used as a means for screening and assessing individuals being considered for other future QAS positions. As directed by the Board of Trustees, the Advisory Board shall advise members of the QAS administration and assist in the completion of other tasks necessary to expedite administration of QAS, its operations and programs. The Advisory Board shall be subject to, inter alia, conflict-of-interest rules. 

4.6  International, Regional, State, Territorial and Local Structures and Competitions. The Board may, by majority vote, designate awards, committees, and activities which are to be operative within the confines of a specific geographic region, including but not limited to nations, regions, states, provinces, territories, counties, municipalities, or local areas. 

4.6.1  It is anticipated that, in time, assistance could be given to honor the top Merit Award applicant (or applicants, if regions are weighted to maintain a consistent ratio of assistance awarded versus the number of eligible applicants, according to a formula established by the Board and put up on the website as a non-contractual posting that may later be altered without prejudice to Quaqua) from each of the five regions of the United States (Southern, Northeastern, Midwestern, Western, and Pacific, as defined elsewhere in the By-Laws), and/or from each state in the United States, as supplemented by at-large awards designed to assist deserving applicants who are nonetheless not the top applicant in an unusually successful region, state, or territory. 

4.6.2  Any selection committees for specific geographic regions shall, absent a contrary vote by a majority of the Board, be composed by the General Selection Committee with a simple majority of committee members from the pertinent geographic region, with a bare minority of committee members selected by the General Selection Committee from geographic regions outside the one pertinent to the evaluation. 

4.6.3  Selection committees addressed to specific geographic regions need not adhere to the rigorous diversity requirements applicable to the membership of the General Selection Committee, but such committee members should be chosen in harmony with the QAS' general philosophy of diversity. A similar approach shall apply to selection committees for geographic regions outside the United States, including selections for top applicants from a particular nation of the world. 
 

4.7  Memberships 

4.7.1  Except as limited by law, the Articles of Incorporation, and the By-Laws, the Board of Trustees shall have power to define, initiate, suspend, modify, and process membership categories (if any) and individuals seeking membership. Similarly, the Board shall also have power to determine what rights, powers, and obligations are associated with each class of membership. But membership shall be directed towards organizational participation as opposed to organizational ownership interests or bodies of continuous and perpetual organizational governance. 

4.7.1.1  The number of membership classes, their manner of election or appointment, the qualifications and rights of the members of each class and any provisions for termination or forfeiture of membership shall be according to the provisions of the By-Laws, as amended and supplemented by the Board. 

4.7.1.2  Imposition of dues, assessments or other charges on members and provisions restricting the transfer of memberships shall be according to the provisions of the By-Laws, as amended and supplemented. 

4.7.2  QAS shall initially have four classes of members, with membership status at all times predicated upon continued consent of the individual in question: 

4.7.2.1  current and former award recipients from QAS' programs, with Merit Award recipients as a special sub-class;

4.7.2.2  current and former officers and trustees QAS;

4.7.2.3  persons who are or were a participant in home education, as defined for award eligibility purposes, in the capacity of parent-teacher or child-student; and

4.7.2.4  all other friends of alternative education who are willing to abide by the principles and beliefs required by the By-Laws for award eligibility, even though all members need not meet other requirements of eligibility for an award. 

4.7.3  Members are not individually or personally liable for the debts or obligations of QAS, except where they have contractually assumed them through a written instrument or as otherwise unavoidably dictated by law. 

4.8  Emergencies

4.8.1  In an extreme emergency where no other option is reasonably viable if the viability of QAS is to be maintained, including tragedies or exigencies which render a majority of the Board non-existent or completely unable to act in the manner needed: 

4.8.1.1  A majority of a functioning minority of the Board may act to replace disabled or missing trustees, or act (to the minimum degree feasible) to take critical exigent action; 

4.8.1.2  If no trustee is functioning and available, the Chief Executive Officer may act (to the minimum degree feasible) to take critical exigent action which would normally be taken by the Board; the Chief Executive Officer may also re-constitute a Board of Trustees in the event that all members of the Board have been disabled or incapacitated, subject to a majority vote of all previous QAS Merit Award recipients before permanent status can be granted. The Merit Award alumni may be majority vote reconstitute the QAS governance if the entire Board and the Chief Executive Officer have become unable to function. 

^[4] Individuals who espouse demographic preferences or quotas based upon demographic characteristics are allowed to participate fully in QAS on committees and as scholarship recipients, so long as they do not attempt to use QAS positions or resources to promote such ideas or practices. Eligibility for certain awards may be restricted to specific geographic regions, even if those regions are predominantly inhabited by a demographic minority, so long as any person of any background within that geographic region is given equal consideration in the eligibility and selection processes. For example, financial assistance could be restricted to inhabitants of the Tongan nation, but not to ethnic Tongans living in Tonga or elsewhere in the world; as another example, financial assistance could be restricted to inhabitants of Utah, but not to solely to Latter-Day Saints.

^[5] As used herein, "Committee" refers to whatever committee or Board within QAS that, as the case may be, has responsibility to oversee the matter referenced.

^[6] Eligibility for certain awards may by appropriate vote of the Board be restricted to specific geographic regions, even if those regions are predominantly inhabited by a demographic minority, so long as any person of any background within that geographic region is given equal consideration in the eligibility and selection processes. It is anticipated that, in time, assistance could be given to honor the top applicant (or applicants, if regions are weighted to maintain a consistent ratio of assistance awarded versus the number of eligible applicants) from each of the five regions of the United States (Southern, Northeastern, Midwestern, Western, and Pacific, as defined elsewhere for purposes of the QAS programs and operations), and/or from each state and even eventually from each nation of the world.

^[7] The curriculum may be formal or informal, structured or unstructured, accredited or non-accredited, or include some participation in public school, private school, parochial, or community education classes, particularly any which may be mandatorily imposed by local law, so long as the predominant focus of the educational track is clearly in a physical educational environment unaffiliated with an institution other than the family (i.e., it is a home-educated student attending some non-family institution classes which constitute 40% or less of the total educational time and subject-matter for each week and year, not a non-family institution student participating in very limited self-education).

^[8] A tradition is not permissible to the extent that it involves explicit personal doctrinal or philosophical endorsement or advocacy of or voluntary participation in or infliction of any of the following activities or conditions: bestiality, necrophilia, incest involving relatives who are closer in blood degree than cousins, legal or economic or statutorily-imputed coercion of any person with respect to sexual acts or intimate relationships, medically elective and significant permanent alteration or elimination of fundamental characteristics of personal gender identity implemented for the purpose of altering gender identity, sexual relationships in or out of a formalized marital relationship with children who are under 12 years of age, infanticide, and/or clear instances of intentional abuse of children or legal minors which leaves clear and present and permanent and serious medical injuries (Jehovah's Witnesses and Christian Scientists, parents opposed to vaccination, and the like are not disqualified due to this latter requirement). These are all irreparably and inherently incompatible with the family focus of Quaqua and the efforts of Quaqua to find consensus representatives of the home-education community in action. All individuals who participate as recipients or formal participants in Quaqua explicitly represent on an ongoing basis that they are not voluntarily participating in or advocating through expression or conduct any such conditions or positions in furtherance of the aforementioned acts and conditions and that they will not advocate or participate in or otherwise facilitate such actions or ideas after participation in Quaqua (individually at any time or while using benefits gained through affiliation with Quaqua). The unwilling victim of an inappropriate sexual act or other disallowed activity mentioned in this footnote or By-Laws, or the unwilling participant in the advocacy of views contrary to Quaqua's principles, who is openly supportive of Quaqua's principles when afforded a reasonable opportunity, shall not be disqualified from participation in Quaqua on the basis of participation in the act, activity, or expression.

Any person who has committed a felony, a misdemeanor involving moral turpitude, or other serious or violent crime, must disclose this fact to Quaqua before selection as an award recipient or as a volunteer. Of especial concern is any bona fide record of involvement with sex offenses, child pornography, violent offenses, or white collar crime.

A person who believes that they are a homosexual ("homosexual," where the term appears, shall also be read to include "bisexual" insofar as "bisexual" shall include components of homosexual conduct, and "belief" includes but is not limited to any sexual activity between two people of the same gender) may participate with Quaqua so long as 1) the person has read, and endorses in every respect, the majority opinion in favor of associational expression set forth in the United States Supreme Court decision Boy Scouts of America v. Dale, 99-699 (2000); 2) the person has fully read and endorses and broadly construes the protection of "strict scrutiny" for the fundamental right of a parent to direct the upbringing of one's child, as set forth by the United States Supreme Court plurality and Justice Thomas' concurrence in Troxel v. Granville, 99-138 (2000), and the underlying majority Washington Supreme Court Troxel opinion In re Smith, 969 P.2d 21 (Wash. 1999) Dissenting/Concurring Opinion affirmed by the United States Supreme Court; 3) the person has read and fully supports the "Megan's Law" enactments of various jurisdictions in the United States; 4) the person has not voluntarily engaged in homosexual conduct with any other person at any time, and agrees not to do so in the future; 5) the person has not personally advocated homosexual conduct and agrees not to do so in the future; 6) the person agrees not to attack Quaqua or make attempts to call it into disrepute on account of policies in place at the time the person begins participation, and promises to refrain from using Quaqua's imprimatur or resources or the person's interaction with Quaqua to advocate or facilitate homosexuality in any way; and 7) the person agrees to allow Quaqua, as well as all of its participants, volunteers, officers, leaders, and award winners, to be aware of the person's belief that they are homosexual and to obtain any waivers from any person calculated to reduce Quaqua's exposure to legal, economic, or other harm. Any person participating with Quaqua, regardless of whether that person believes that they are a homosexual and regardless of the person’s own views respecting homosexuality, agrees as a condition of participation not to attack Quaqua or make attempts to call it into disrepute on account of policies in place at the time the person begins participation, and to refrain from using Quaqua's imprimatur or resources or the person's interaction with Quaqua to personally threaten the health or long-recognized personal property rights of an individual thought to be homosexual or to advocate or facilitate homosexuality in any way.

In addition, the programs, operations, resources, and imprimatur of Quaqua cannot be used to advocate or facilitate any activity directly related to the performance or advocacy of abortion, although Quaqua participants will not be disqualified for their privately-held and separately-expressed opinions or actions related to that activity, nor for their public activity regarding abortion or contraception or birth control which is clearly distinguished from the auspices or imprimatur of Quaqua. No participant or applicant shall be required to disclose personal activity related to the performance of an abortion. Quaqua is not a venue or funding source for debates about, or messages for or against, abortion, contraception, or population control.

The purpose of the restrictions in this footnote and of other restrictions in the By-Laws is not to express the individual opinion of any person, or to oppress any person or group or entity. The purpose of the requirements in this footnote is, rather, as applicable with respect to the various provision, to 1) maximize the number of people Quaqua can feasible serve under prevailing conditions; 2) comply with various and inconsistent national laws around the globe; 3) respect the prerogatives of parents, including their right to teach their own children about sensitive or controversial topics in a manner the parents deem most appropriate; 4) avoid funding messages or conduct that is strongly objectionable to a sizable portion of Quaqua supporters (and especially a majority of supporters) or that would tend to confuse the imprimatur of Quaqua as it is applied in favor of parental rights and First Amendment rights; 5) facilitate identification of consensus examples of outstanding home education in action; 6) safeguard children, volunteers, and donors from exposure to potential physical, emotional, sexual, or mental harm; and 7) focus attention on the accomplishments of award recipients, rather than on debates between adult activists about controversial topics that are unrelated to the purpose and services of Quaqua.

The focus in making eligibility determinations should be upon the contours of the individual applicant's expressed and demonstrated personal tenets and personal behavior and upon any possible detriment a particular applicant might cause to Quaqua, not upon qualities which might be vicariously assigned to the individual participant primarily upon the basis of their personal social affiliations. Additionally, except where there is a specific majority vote of the Board to the contrary in an exercise of the Board’s unbridled discretion, a person deemed in conflict with the Quaqua message shall be afforded an opportunity to openly recant or clarify their public expressions on the record to demonstrate they do espouse the QAS message, or an opportunity to demonstrate that an alleged act did not take place. Quaqua shall reserve the unfettered right to decide not to allow participation of an individual, and such a decision shall not, without an accompanying public statement, be construed as a specific statement by Quaqua about the merits, conduct or character of that individual. Decisions to disallow participation shall be made in a meeting between the Board, any appropriate Committee members, and Quaqua's legal counsel, with appropriate advice and safeguards for the attorney-client privilege, and a decision made in any other way shall be deemed null and void. Although Quaqua strives for consistency and fairness, it specifically reserves the right, wherever agreement to such reservation is legally permissible, to accumulate a record of decisions, actions, and procedures that some or most factfinders or observors outside of Quaqua deem to be capricious, arbitrary, inconsistent, or without explanation, both with respect to matters addressed in this footnote and throughout the By-Laws.

Quaqua reserves the right to assert a claim of up to USD $75,000 (adjusted for inflation against year 2000 U.S. dollars) in liquidated damages for that portion of intangible damages that includes harm to reputation and other harm which is difficult to quantify, and additional claims or amounts for all tangible harm or readily quantifiable harm or legal costs or legal damages or costs of investigation incurred by Quaqua or its participants, and also punitive damages, in any jurisdiction where the law so permits, and to the extent the applicable law shall permit, against any person who induces Quaqua's reliance to its detriment by concealing any fact material to the issues and Quaqua eligibility criteria for participation and selection addressed in this footnote. Provisions regarding venue and jurisdiction for other types of legal disputes shall also apply to legal actions pursuant to this footnote.

A person who isolates a child for the primary purpose of facilitating physical or sexual abuse of a minor is a criminal, not a bona fide home educator or alternative educator. Alternative educators and home educators are overwhelmingly opposed to the sexual exploitation of minors and to underage sexual promiscuity. Quaqua emphatically rejects any effort to defame alternative educators and home educators by inferring, without reliable empirical evidence, that they have any special sympathy for child abuse or are more statistically prone to child abuse than members of the general population. Quaqua encourages alternative educators and home-education organizations to implement reasonable actions and policies designed to deter abuse of minors.  

^[9] This requirement does not require an applicant to 1) acknowledge or endorse the legitimacy or sovereignty of any international, multi-national, national and/or non-governmental organization, 2) acknowledge the United States Constitution, however interpreted, as containing the only or best alternative for viable principles of societal governance, 3) pledge allegiance to the United States or any other sovereign, or 4) renounce any specific flag, symbol, uniform, or general trappings or themes of political or social or religious heritage, or 5) renounce any historical or legal claim or assertion. Endorsement of the right to vote may be waived when the applicant objects to the concept of voting for any person based upon basic tenets of religious or philosophical conviction. Thus, for example, a Jehovah's Witness could receive QAS assistance without pledging allegiance to a flag or endorsing the right to vote. As other examples, a person could not be excluded for personal views concerning the Confederate Flag or symbols of Islamic unity. A QAS participant may be an atheist, agnostic, secularist or pagan, and may not suffer prejudice in QAS or its programs or operations as a result, so long as they have done and commit they will not do anything publicly, with or without use of QAS resources or imprimatur, to ridicule the personal faith or organized religion of others or to derogate or further disenfranchise the meaningful cultural and legal role of personal faith and organized religion in the society of the United States. It is not permissible, for example, for a Quaqua volunteer to suggest that otherwise qualified persons should be disallowed participation in public office simply because they subscribe to a religious world view, or to suggest that a person cannot work as a credible scientist solely because of their personal religious belief or affiliation. As another example, it is not permissible for a Quaqua volunteer to personally advocate laws or law enforcement practices which have the clear effect of further curtailing core civil liberties in a relevant locale. An example of a core civil liberty would be the ability of an organized religious institution to maintain the integrity and distinctiveness of its own internal functions and identity, to expand its membership in a civil and non-coercive manner, and to communicate their image and ideas to the public (including the electorate and governmental officials). Quaqua volunteers who do have a religious world view are similarly required to refrain from disparaging the core civil liberties of other people with differing world views.

^[10] This requirement is defined in context and aspects may be waived by appropriate Committee vote for outstanding individuals who are limited because of unique personal challenges arising from imposing medical or economic or cultural constraints.

^[11] In a situation where waiver must be considered, the Committee shall grant a request for waiver only if it is possible to adequately safeguard against manipulation of the applicant by guardians or others in ways designed to appropriate QAS' resources or imprimatur to further inappropriate objectives.

^[12] As is the case with the Board and all QAS committees, there must be an odd number of Committee members used (e.g. 7, 9, 11, etc.).

^[13] The Committee members may communicate to each other, previous to scoring, the following: (1) aspects of strength and weakness they perceive respecting a particular applicant; (2) whether they believe a particular applicant deserves a higher or lower score than some other applicant(s); (3) whether they intend to give a particular applicant an unfavorable, favorable, or very favorable mark. In any final narrowing rounds for applicants, after initial scoring rounds, Committee members may negotiate with one another regarding the final selection and elimination of applicants, couched in terms of score adjustment or even voting by priory ranking as approved by the Board, so long as all discussions are held between the Committee members at the same time and in the same room (e.g. conversing like members of the United States Senate on the floor of the Senate, before, during, and after votes). The Board may add or alter rules in this regard as it deems advisable in light of experience.

^[14] For awards, scholarships or grants explicitly directed to one narrow and specific type of talent (e.g. the performing arts, computer aptitude, mathematic ability, entrepreneurship), the Committee may choose to add, eliminate, or alter the type or weighting of categories.

^[15] If a proctor shall fail in their duty to administer the test in a timely and fair manner, through no fault of the applicant, the applicant shall notify the Committee in a timely manner and a different question shall be administered through a different proctor.

^[16] For any award of any kind, however, including Merit, Need, or Talent Awards, the General Selection Committee or the Board may by majority vote reduce or eliminate the amount of monetary benefit bestowed upon an individual applicant who has been selected for the award, if in their judgment it appears the recognized individual is already well-positioned financially for pursuing additional education and that the additional monetary benefit would merely constitute an obvious and unnecessary windfall (e.g., recognition without payment above incidental costs would likely be appropriate for an outstanding applicant who was also already a millionaire or an applicant who was already enjoying the support of a family fortune totaling millions of dollars, or who was already the recipient of enough scholarships to fully fund attendance at their higher institution of learning). Funds distributed away from an unusually wealthy applicant would in the discretion of the Board be directed to an additional Merit, Need, or Talent Award, to be given that year or in a subsequent year, named "With Appreciation to" the successfully-recognized applicant possessed of unusual wealth. The Committee may in its discretion require applicants or selected recipients to disclose financial information needed to prevent unnecessary economic windfalls, in order to ensure that optimal use is made of the QAS' financial resources.

^[17] For example, the Committee could consider the plight of a hypothetical applicant who had personally been denied access to a library on account of skin color.

^[18] It would, for example, be permissible to consider the fact that a Jewish applicant stood up against and overcame contemporary, identifiable, unmistakable, compelling incidents of governmental or community persecution personally directed against that applicant because of their Jewish identity, if the applicant's response demonstrated unusual character or inspiration or operated to significantly advance enjoyment of basic and generally-applicable civil rights such as religious liberty.

^[19] In the first seven years of QAS's existence, the Promoters and the Board shall have power to temporarily override, modify, or disregard the provisions set forth within this document, except to the extent that such decisions would defeat the fundamental purposes of the QAS or violate a duty unavoidably imposed by law.

^[20] The Elijah Award shall recognize an individual who has made a great contribution to the home education community during the past year(s), which may include a contribution to the protection of parental rights and efforts to turn the hearts of parents to their children, and the hearts of children to their parents.

^[21] In the event of a controversy, the Board shall have power to decide, by simple majority vote, that a particular individual's characteristics are an appropriate match with the relevant criteria in question. Decisions of subordinate committees regarding eligibility may be appealed to the Board by any applicant, any committee member in QAS, any auditor, or the Chief Executive Officer.

^[22] It is possible for more than one category to be represented by the same Committee member. For example, a Catholic woman of Korean heritage who resides in Seoul would satisfy four requirements simultaneously.

^[23] The Pacific region shall include California, Oregon, Washington, Alaska, Hawaii, and other regions bordering the Pacific Ocean which are under the sovereign control of the United States. The Western region shall include Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Nevada, and Idaho. The Southern region shall include Texas, Louisiana, Arkansas, Kentucky, Tennessee, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, and Mississippi. The Midwestern region shall include Oklahoma, Kansas, Nebraska, North Dakota, South Dakota, Minnesota, Wisconsin, Michigan, Illinois, Iowa, Missouri, Indiana, and Ohio. The Northeastern region shall include Maryland, the District of Columbia, Delaware, West Virginia, Pennsylvania, New Jersey, New York, Massachusetts, Connecticut, Rhode Island, Vermont, New Hampshire, Maine, Puerto Rico, the Virgin Islands, and all remaining regions or military bases bordering the Atlantic Ocean or located in other areas of the world which are under the sovereign control of the United States. Other geographic regions shall be deemed to be international.

^[24] This region is likely to be further subdivided as more participants with Hindu, Buddhist, Shinto, Taoist, Confucian, Sikh, and other traditions associated with the region join the home-education community.
  
^[25] An artist shall be deemed to be one who embodies an idea in matter for the primary of purpose of appealing to human aesthetic sensibilities. Thus, an artist may be, for example, a writer, craftsman, painter, sculptor, pianist, dancer, or computer graphics designer.

^[26] A scientist shall be deemed to be one who pursues, learns and observes principles and procedures for the systematic pursuit of knowledge involving the recognition and formulation of a problem, the collection of data through observation and experiment, and the formulation and testing of hypotheses. An engineer shall be deemed to be one who utilizes principles of science to utilize properties of matter and sources of energy as they are found in nature in a way that is useful to humans.

^[27] A medical professional shall be deemed to be one who engages in the art and science of preventing, alleviating, or curing threats to the wellness of human beings or animals, and shall include such professionals as physicians, nurses, clinicians, pharmacists, and veterinarians.