A substitute teacher in New Jersey let-go for handing a student a Bible, could take his former employer to federal court.
It's all riding on the response of the Phillipsburg School District, after a federal agency decided the district apparently fired him illegally and called the action discriminatory.
The U.S. Equal Opportunity Commission announced the final decision earlier this week, and also provided the district with a reconciliation proposal.
Walter Tutka was fired in 2012 after he gave a student at Phillipsburg High School his personal Bible. The teacher claims the gesture was in response to the student's question about a Bible verse.
Howard Mankoff, attorney for the district in the matter, said the school board now has three options in regards to the proposal.
"Our options are we can accept as-is, offer a counter proposal, or simply not respond at all," Mankoff said.
Mankoff said his client hasn't yet decided which direction it will go.
The board is waiting clarification on the details of the commission's reconciliation proposal.
That proposal has not been shared publicly.
"Is its ruling that the Board of Education must allow teachers and administrators to distribute religious material to students?" Mankoff said of decision.
Tutka's lawyers claim the ruling was specific to this situation, when the teacher provided the Bible for academic purposes, not with religious intent.
Tutka, as it happens, is a member the Bible distribution ministry, the Gideons.
"As long as it's academic in nature, it's perfectly legal," said Hiram Sasser, one of Tutka's attorneys.
The district's failure to reach a reconciliation agreement with the federal agency by the January 19th deadline, could be grounds for Tutka, the EEOC, or both to take the feud to federal court.
Sasser said he's prepared to go there, but hopes the district will cooperate.
"The school district is going to be held accountable for its action," Sasser said.
Sasser said Tutka is currently substituting in other districts, but has not returned to Phillipsburg.
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