Sixth Circuit has ruled that a grade school teacher at a religious school who taught primarily secular topics falls outside of the “ministerial exception” to the Americans with Disabilities Act (“ADA”)

The “ministerial exception” allows religious entities to give “preference in employment to individuals of a particular religion” and to “require that all applicants and employees conform to the religious tenets of such organization.” 42 U.S.C. Section 12113(d). The First Amendment free exercise clause implies a safe harbor for religious entities to make employment decisions about staff free from judicial intrusion. For the ministerial exception to bar an employment discrimination claim, (1) the employer must be a religious institution; and (2) the employee must be a ministerial employee. 2010 U.S. App. LEXIS 4891, *20 (citing Hollins v. Methodist Healthcare Inc., 474 F.3d 223, 225 (6th Cir. 2007)

The Circuit Court found that the school failed to demonstrate that the plaintiff was a ministerial employee. The Circuit Court reviewed plaintiff’s primary duties and found that “the district court erred in its legal conclusion classifying the plaintiff as a ministerial employee. The plaintiff  spent approximately six hours and fifteen minutes of her seven hour day teaching secular subjects, using secular textbooks, without incorporating religion into the secular material.” Id. at *26.

The Court also determined that the District Court erred in placing too much reliance on the school’s bestowal of a ministerial title on the plaintiff. “[T]he title of commissioned minister does not transform the primary duties of these called teachers from secular in nature to religious in nature.” Id. at *29 (emphasis in original).

So what does this mean? (Good Lutheran Response)

It means we are in trouble!  We need to be looking at our school and what and how we teach.  I have some questions like, why wasn’t this teacher action not reviewed earlier?  How can we have a CALLED TEACHER, not teaching the Law and Gospel in every class?  I taught from Secular books, but as Rob Jacklin will say, your textbooks is not your curriculum!

Where will this go?

If the worst happens, all Lutheran School Teachers will lose their ministerial  employee benefits.  For the purpose of Taxes, we would not have a housing allowance!  Schools would be open to more attack from disgruntled employees.  Non-Lutheran / non-Christians can now sue for not hiring them based on their religion .  The Divine Call would lose all of its meaning!
This is just a FYI… if someone is up-to-date on this court case or can give more information, please add comments

Some of you have no doubt had this class in your formal instruction or something close to it. I am looking forward to learning how the Christian treats education as opposed or contrasted with secular principles of education. As I go through the class, I will be sure to take notes and post some of my thoughts on our discussions here. My hope is that the discussions here will trigger some thoughts about how you handle educating Lutheran children in your classes and schools.

The course content will be divided into four primary areas that include Christian Nurture, Christian Education, Christian Instruction and Contemporary Issues. We will be looking at challenges to Christian education with case studies as well as the typical readings and reviewing books on the topics.

Once I get settled in New Ulm in the MLC dormitory, I will try to post my experiences.

I am fed up that computer classes across the nation are 1 time a week for 45mins.  INTEGRATION!  As Chris Lehman has said many times, “Technology should be like oxygen – Ubiquitous, necessary and invisible.”  My son is learning that there are certain tools that do a job better.  Just like he knows ask mom a question about cooking and me a question about sports or technology.  My son from an early age knew that our iPod was for music and movies.  He knew that cell phones was to talk to grandma and grandpa.  My younger son is learning these tools and what they are for now.  My older son knows that my iPod touch has his spelling game on it and he knows how to unlock it and get to his game.  I do not fear he will delete anything of mine.  My son knows how to trouble shoot technology… as he knows one of his DS games you have to blow in (reminds me of my days with the original NES) to get it to work.  Each classroom should be a trouble shooting department.  We should be troubleshooting curricular issues that will touch on the main topics we want to discuss in each class.

Schools need to be rebuilt, Teachers need to be retrained, Parents need to be retaught, Students need to be the most important aspect of Education and our lives… Sorry about the Rant, I just wanted to get it off my chest.  The picture is of my older son as he graduated from Preschool last night!

Here are the troublesome issues often seen over the past 15 years and even yet occurs today. Some teachers fail to have backup plans for lessons that are reliant on a service that may be slow or fail to provide timely instruction. Secondly, unprepared teachers are the same people who do not test out their lessons with technology prior to bringing large groups into a computer lab. Lastly, there are teachers whom prepare technology distractions the same day as classes begin, hoping to find something to take accountability away from their teaching duties.

The first issue is one which was witnessed by my wife in a computer lab just a week ago and has been happening since the school’s first year of Internet access. See if this sounds familiar. A teacher finds a website like BrainPOP, which is heavily laced with Adobe’s Flash animation and video technology, and decides to bring a class of 25 students into the computer lab to access this website to do a lesson and take a quiz. The speed of the Internet website slows to a crawl and ruins the teacher’s timetable. Frustration results and the teacher complains to the technology coordinator in the middle of the computer lab period. What do you see wrong here?

• The teacher did not understand the technology’s potential limitations
• The teacher did not test the website with a smaller group to iron out issues
• The teacher did not think about the poor pedagogical practice of each student doing the exact same exercise on separate computers.
• The teacher did not have a backup or fall back plan to teach the lesson.
• The teacher shifted responsibility and accountability for the problem to a person (i.e. technology coordinator) for his/her own failings listed above.

Considering the problems addressed in the example here, how might we as teachers consider how to improve the technology integration process?

• Teachers need to know the strengths and potential weaknesses in technology.
• Knowing the weaknesses, teachers should test teaching with technology in smaller groups.
• Teachers should have a backup plan for teaching a lesson with technology operating at below expectations or failing (i.e. projector bulb blows).
• Teachers should work with technology coordinators to prepare for lessons where they are unsure of the processes success or failure.
• Teachers should consider pedagogical changes when integrating technology. Example: work in groups of 4 members where roles are assigned.

Today, I learned of another example of poor teacher preparation and accountability shifting in preparing curriculum. A teacher is responsible for a 2 week May term class which started last Thursday, May 20. Today, May 24, the teacher calls the technology coordinator and asks for the firewall to be adjusted to allow all math educational games to be unblocked so he can browse and pick some for his May term class to use.

See if you can apply the lessons learned above to this example. Go ahead and comment on the problems you see and potential solutions.

Now that we somewhat realize they are not the same, wouldn’t it be just the smart move to bring in the best teachers out there.  So many professionals state if you want to be the best school, you need to have the best students, which means you need to have the best teachers.  So having the best teachers is that valuable?

We are in the middle of NBA Playoffs.  Sadly my team did not make it for the first time in years. But, a few years ago there was a team, the L.A. Lakers who arguably had two of the best players of that time and of all time. Kobe and Shaq.  They were suppose to be unbeatable.  In the finals that year they were playing the Detroit Pistons, who had a bunch of no namers and has beens.  You think about the Pistons that year, in the Draft they took Darko Milicic, by passing Dwayne Wade and Carmello Anthony.  They had Billups as their leader, someone who was nicknamed Mayor because he has been on so many teams.  You had Rip Hamliton playing with a broken face.  Tayshun Prince and the Wallaces (Ben and Rasheed) rounded off their starting five.

There was talk about how the Lakers were going to walk the floor with the no-talent Pistons.  But if you compare it to cards, the Lakers were holding a Pair of Aces.  and the Pistons were holding 3 threes and 2 twos.  If you follow cards you will know a full house will beat a pair of aces every time.  Pistons had role players.  Billups went on to win the MVP and was truly someone who deserved the MVP.

So what does that have to do with Education?

When we are looking at teachers, we don’t always have to have the  best teachers  (although it would be nice) to be successful.  Teachers that are truly valuable are the ones who do their best in the roles they are put in and want to expand their knowledge and in turn expand their roles.  Valuable teachers are the ones who are reading and learning when they can.  Valuable teachers are the ones who are teaching other teachers and suggesting ways to become better.

I want Valuable Teachers not just the Best Teachers, who do you want?

This year, my son attended Pella Christian Schools as a 7th grader, after having completed grade school at a local public school. (If a Lutheran alternative was closer, well we would have sent our son there.) He marched in the Tulip Time parades each of the past three days in wooden shoes and vowed never to do it again.

Anyway, we monitor fairly closely an theological differences that may come up in Bible class or in discussions with other children who are in our son’s classes. His homeroom teacher, who is also his Bible teacher, is aware of our Lutheran faith and how to keep away from topics where there may be difference. In considering “Tulip Time”, I remembered in our study of Lutheran Doctrine classes the acronym T.U.L.I.P. as a way to recall the differences in Reformed and Lutheran theology.

Here is a little chart of Calvinist (Reformed) doctrine positions on five key issues. After the chart, you can read the Lutheran positions. There are two areas where Reformed and Lutheran agree, but three which are disagreed upon. I also provide Bible verses to support the Biblical doctrines of the Lutheran Church’s confessions.

T.U.L.I.P. Diagram

Here are the Lutheran doctrinal positions.

T) Total Depravity – Lutherans believe man cannot effect the will of God to save him or work for himself salvation (John 15:5, Ephesians 2:8-9).

U) Unconditional Election – Lutherans believe if man is totally depraved, then salvation from God is not conditioned by anything in mankind; God does not predestine some to damnation (Ephesians 2:8-9, 1 Timothy 2:3-4). Lutherans reject the Reformed believe in Double Predestination and that some are predestined to damnation.

U) Universal Atonement – Lutherans believe Christ’s atoning death was sufficient and is efficient to save all men (1 Timothy 2:3-4). Lutheran reject the Reformed belief in a Limited Atonement.

R) Resistible Grace – Lutherans believe that God’s grace can be resisted; this is sometimes called “Free Will”—though Luther would write about the Bondage of the Will to sin (Acts 7:51).

F) Fall from Grace – Lutherans believe that only by the grace of God and the work of the Holy Spirit can a believer persevere in faith (John 10:28), but it is possible for a believer to fall from grace; this is related to the idea of “Free Will” (John 15:6).

Here is the diagram for the Lutheran’s T.U.U.R.F.

Lutheran Doctrinal T.U.U.R.F.

So when as Lutheran educators we are faced with challenging questions on our Lutheran beliefs (turf), we can and should be sure of our T.U.U.R.F. answers with regard to these doctrinal questions. May God grant us this always. Amen.

Secular teachers who happen to be members of WELS churches near schools may be called to teaching positions with the understanding that they complete the WELS Teaching Certification process through MLC. In my case, I do not live close to any WELS school, but have decided to dedicate myself to getting WELS Teaching Certification and move to where the schools are located via the calling process. You could say our family is taking a “leap of faith”.

I made contact with some personal contacts at Bethany Lutheran College in Mankato, which is part of the ELS (Evangelical Lutheran Synod) and in fellowship with WELS to inquire about teaching in the Lutheran school system. I was given the information to contact Martin Luther College (MLC) and did so in January 2009. My experience in finding out about the WELS Teaching Certification process took a long time. It was a 9 month series of email from April 2008 to around Christmas 2009. The process of how to become involved in Christian education without our Lutheran synods is not well disseminated. I hope I can change that a bit, so others wanting to serve can find the path more easily.

I requested the information from MLC in January 2009 and received it in early February 2009 in an information packet. I prayerfully considered the path I was considering again. The WELS Teaching Certification process required me to send a detailed application, transcripts and a letter of recommendation from my pastor. I received acceptance in March 2009 and planned a visit in April 2009 to New Ulm, MN.

I learned that I would be taking 18 credit hours of classes to provide a solid foundation that many secular teachers would not have taken in their past coursework. These courses include: three Bible Lit. and History courses, two Lutheran doctrine courses, a course on Luther confessions and also Principles to Christian Education. Lastly, after the coursework is complete, candidates will participate in a 5 week student teaching experience.

I will be finishing my coursework this summer, which include 2 weeks on the MLC campus to take the Principles of Christian Ed. course. All the other courses are online via Moodle, a course management software system that MLC uses for online teaching of courses. Next fall, the plan is to spend 5 weeks at some town with a Lutheran high school where I can complete student teaching. I am hoping, for logistics sake, that perhaps I can go to Minnesota Valley Lutheran near New Ulm, MN. where I can live in the dormitories at MLC.

Upon completion in this program, I should be placed on the WELS Teacher call list and my name passed to all the 12 WELS District Presidents for consideration of positions that become available. I have already communicated my path to a couple District Presidents in the Minnesota and Arizona districts, but will be happy to consider calls from any of the 26 WELS high schools across the country.

With God’s blessings, I will continue to relate my experiences going forward in this process, and also be called to a teaching position in our Lutheran school system.

The cashier doesn’t say anything to the individual, the customer doesn’t admit they are in the wrong, they just push the grounds as much as possible.  I am sure the first time someone disobey the limit wasn’t by 10 or 20 items, I am sure it was by one or maybe two items.  The individual will rationalize their wrong doing by stating well the three jugs of milk is only one item because they are all milk.  Slowly and over time they go from 1-2 items over to 10 -20 items over.  By now they don’t even care if anyone says anything because they can fall back on, I have been doing this for years.

People are not responsible for their actions and the ones who have authority are not holding them accountable.  This issue is the same issue we suffer through our classes and schools every day.  Students pushing the limits until we break and the limit is increased, and then they break them again.  Students know their parents will get them out of trouble if only they tell them what they want to hear.  So a teacher gets blind sided by a parent because the student stretched the limit on “telling the whole truth and nothing but the truth.”  Students don’t want to be a trouble shooter and follow guidelines in front of them.

We need more trouble shooters out there in the world.  To be a trouble shooter doesn’t mean you disobey what you don’t like.  If a lane says 20 items or less and you have 30 items, you need to decide which 10 items you can go without for the time being or choose a different lane.

Last night my wife and I were talking.  As you all know I am leaving my current school to become principal at Holt Lutheran Schools.  The president of the congregation came to me after my Bible Study last night to ask about my time line for ending my call here and starting my call there.  He also asked me if I have written down everything I do that someone else will have to do.  I kind of stood there in shock, I mean I do a lot of things.  I don’t think I could write instructions for everything I do.  As we were talking I said most of the stuff I do can fall to our Computer Coordinator.  I also mention how I did create some videos for our online grading program for our computer coordinator and principal.  To me it sounded like he wanted me to create a manual.  When I was telling my wife this, what she said next hit me right in the head as yes, that is exactly who I am.  She stated that I am a trouble shooter and when I see a problem I do whatever I can inside my powers and the powers to be to fix that problem.  My principal has stated the same thing all the time… “if there is a way… I will find it,” she has said numerous times.

Isn’t that what we want our kids and students to be more like.  Trouble shooters?  Not someone who breaks the rules, but someone who uses what they know to apply it to the best of their abilities to the rules.  I don’t know, maybe it is just me that thinks this way.  It wouldn’t be the first time I am the only one to think a certain way.

What do you want? Do you want students to break the rules or to apply their knowledge to the rules?

Yesterday we had an all school singing in Church.  Today is Color Day: each class has a different color they are suppose to wear, I got stuck with purple.  I have only one shirt that has purple on it.  I am not a purple wearing person really.  Tonight is our History Fair.  Tomorrow is Mixed-Up, Crazy day and we have breakfast for lunch. Wednesday is Dress Up Chapel Day, wear your best.   We are also celebrating our 2nd grade teacher 50th birthday, that should be fun.  On Thursday we are having Pajama and Stuff Animal Day.  Thursday is also promotion day where the students go into their classroom for next year and then we finish the day off with a school spelling bee.  Friday is Sports Day and will be doing Jump Rope for Heart.  It is always a fun time to promote our School and Lutheran Schools across the Nation.  WE LOVE OUR LUTHERAN SCHOOLS.

Next week I am visiting a school in Michigan that has extended a call to me for principal and I get to partake in their National Lutheran School Week.  I am excited

I enjoyed the list immensely!  I did think how could I fit this to Lutheran Education, since many of us are our own Tech Guys or IT guys.  So I came up with my own list.

The 10 LutheranTech Commandments (in new standard version)

1. Technology must be Christ-Centered.

What does this mean: Everything we do, must be to the glory of God

2. Be a Digital Citizen: No Yelling at or Hitting the Technology.

What does this mean: The output of the tools are dependent on the input.  If it is not turning on, plug it in!

3. Remember to Save.

What does this mean: SAVE EARLY and OFTEN!!!!!

4. Honor the Computer Lab Rules

What does this mean: Be respectful to the rules set forth your use. Read Rob Jacklin’s Learning from the “Rules” Blog Post

5. Do not click on pop-up ads.

What does this mean: When it states you can win a free iPad, it is a lie! You can’t, so don’t click on it, even if you think it is cool.  You could be downloading a virus instead.

6. Filter.

What does this mean:  Although no filter is enough to prevent Satan, keep the net to catch as many bad fish as you can.

7.  Creative Commons Protection.

What does this mean: DO NOT STEAL or download illegal music, pictures, or anything that you did not create.  Ok to use if it has the creative commons attribute.

8. Be a Digital Citizen: No Cyber-bullying.

What does this mean: Behave online as you should behave offline.  You leave a trace, even if you think it is protected.

9.  Appreciate New Tools.

What does this mean: DO NOT BE LIKE ME, who wants everything that is the latest and coolest tool out there.

10. Appreciate those you can learn from.

What does this mean: Use your PLN, Learn from them, but do not be greedy, give back to those who have taught you something.