LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 11-12, 2000, Page 2

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Opinion: Yes.
QUESTION 4:

“Must a school association have RSO status in order to be eligible to issue a call?”

Opinion: No. As stated in the Opinion to Question 1 above, an elementary or secondary educational
institution recognized by the Synod is also an appropriate calling entity. The Bylaws do not define the
phrase “…recognized by the Synod.”
QUESTION 5:

“Can a separately incorporated school association that is not an RSO issue a
‘Call’? Does it make any difference if the association is made up of all LCMS
congregations? What if over 50% of the congregations in the association are not
part of the LCMS?”

Opinion: This question is answered in the Opinions to the four previous questions.
QUESTION 6:

“A teacher who is on the roster of the Synod is given a contract by the calling
entity, rather than a ‘Call.’ Does the Synod recognize that this rostered worker
has a ‘Call’ even though the calling entity says it is a contract?”

Opinion: Resolution 6-14 of the 1981 convention of the Synod includes the following: “Offers extended
to eligible persons but erroneously referred to as “appointments” or “contracts” are also to be considered
calls.”
QUESTION 7:

“Can a rostered teacher retain rostered status if serving in a separately
incorporated association Lutheran school that does not have RSO status?”

Opinion: Yes, if the rostered teacher is serving an elementary or secondary educational institution
recognized by the Synod.
QUESTION 8:

“If a separately incorporated Lutheran school chooses not to be an RSO, can a
District or the school ministry department (of the Board for Congregational
Services) consider them one of our schools? Can they be included in the Synod’s
group tax exemption? Are they eligible for the same services that a District or the
Synod thru the school ministry department provides to its Lutheran schools?”

Opinion: The Commission declines to respond to the tax exemption issue since this is beyond its
authority under Bylaw 3.905. Bylaw 3.823 sets forth the functions of the Board for Congregational
Services (BCS). It provides that the BCS shall organize itself to enable vision and outcome development,
to prepare and revise policies responsive to both current and anticipated situations, and to initiate action in
order to meet the changing needs of Districts and congregations. Service areas are to be evaluated and
changed as appropriate. It is to focus its energies on helping Districts help congregations in building up
disciples for service in the church and to all people in today’s world. In partnership with Districts, the
BCS is to support and serve congregations of the Synod in their varied range of diverse and unique
ministries with assistance in arranging and carrying out a comprehensive and effective program of
Christian education, especially counseling that the most effective education agencies available to the
church for equipping children and youth for ministry are the full time Lutheran elementary and secondary
schools. Thus, this charge to the BCS leads the Commission to conclude that a separately incorporated
Lutheran school that is not an RSO must be recognized by the Synod in order to receive services from the
BCS.

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