'Rainbowland' Controversy: Demonstrators Show Up As Board Considers Teacher Firing

WAUKESHA, WI — Protestors draped in black clothing flocked to the School District of Waukesha administration building on Wednesday, shortly before school board members met to consider firing the Heyer Elementary school teacher who took to social media after a Miley Cyrus song was barred from her students' concert.

The advocacy group Alliance for Education in Waukesha organized the silent rally and encouraged people to wear black in reference to Tinker v. Demoines, a landmark U.S. Supreme Court ruling regarding student expression in schools. The teacher, Melissa Tempel, was placed on administrative leave in April, weeks after she suggested the Dolly Parton/Miley Cyrus duet "Rainbowland" for a first-grade concert. School officials determined the song could be too controversial, and it was ultimately replaced by "Rainbow Connection" by Kermit the Frog, the district said.

See also: Waukesha 'Rainbowland' Teacher Says District Plans To Fire Her

After the district banned the song, Tempel spoke out on social media and to reporters to criticize the decision. By April, she was placed on leave and Waukesha Superintendent James Sebert recommended her for termination by May. Sebert accused Tempel of violating several policies, including Policy 3179 about employee concerns. The policy requires employees to "first discuss the concern with his/her immediate supervisor," then go up a chain of command with the issue if it is not resolved. The accusations came after an investigation by Sharon Theide, the district's assistant Superintendent for human resources.

At Wednesday's meeting, Tempel and her lawyers faced the school board through a quasi-judicial hearing. The district also retained its own lawyer, who brought three witnesses from the investigation into the controversy and Tempel. Tempel also spoke to the board after her lawyers called her to testify.

The first witness, Heyer Elementary School Principal Mark Schneider, explained what led up to the "Rainbowland" controversy. It was March 21 when a music teacher had emailed him a music video of the Dolly Parton and Miley Cyrus song after Tempel suggested it for a concert. Schneider said he figured there may be better options, but he asserted the decision wasn't about rainbows.

"The artist could be considered controversial if students are looking up the artist," Schneider explained to the school board. "Knowing some of the past events that have occurred with her," he said, referring to Cyrus.

Protestors and counterprotesters convene

Ahead of the hearing, many protested in support of Tempel. Some counterprotesters also attended, holding signs with slogans like "Homosexuality is a sin" and "There are only two genders."

One demonstrator, Tim McCawley, told Patch that if Tempel is fired, it would be because "she's standing up for what she believes."

"It's a jaunty tune," said another demonstrator, Len Lamberg, of the song in question. "I think it's turning the city into a laughingstock. I can't imagine a better message for a teacher to give to kids."

Bob Zerull, a Waukesha resident who said he's been in the area for 30 years, said the school district should fire Tempel.

"It's a great song, but it's been twisted. Rainbows mean a beautiful painting in the sky by God," said Zerull. "She can do what she wants, just outside the classroom."

Marcus Schroeder, a college student who was protesting while holding a sign that read "Homosexuality is a sin" told Patch that the LGBT community "shouldn't claim the rainbow."

"The board should combat LGBT agenda," Schroeder said. "it's important today to put teachers in the school who are educating children on fact and science instead of pushing political agenda and denial."

Schroeder said he did not remember exactly what the "Rainbowland" lyrics were, but that it was in support of the LGBT community and that there was more to Tempel and the controversy.

In March, Patch asked readers across southeastern Wisconsin if "Rainbowland" is too controversial for first-graders to perform. The survey was not scientific and simply to gauge opinion. Of 565 respondents, 490 said the song is not controversial, while 75 respondents said it is.

Click through Patch's gallery to see photos of the demonstration, and check back with Patch for coverage of Wednesday's meeting.

See also: Waukesha Teacher Who Suggested 'Rainbowland' For Concert Put On Leave