Waukesha School Board Explains Firing Of 'Rainbowland' Teacher

WAUKESHA, WI — After the Waukesha School Board on Wednesday fired an elementary school teacher who criticized her district online for excluding a Dolly Parton and Miley Cyrus song from a first-grade concert, the board sent out a statement Thursday in an attempt to explain their decision.

The board voted 9-0 on Wednesday to terminate Heyer Elementary Teacher Melissa Tempel, who took to Twitter in March after her school's principal decided the song "Rainbowland" may violate a district policy banning controversial topics from the classroom. After the decision to terminate on Wednesday, a lawyer for Tempel told TMJ4 news the case wasn't about culture wars or rainbows but rather constitutional rights, and that they plan on moving ahead with a First Amendment claim in federal court.

The board said it fired Tempel based on evidence presented at that hearing that shows she violated the employee handbook. The board said she violated policies 3179 (“Employee Concerns”), Board Policy 3213 (“Student Supervision and Welfare”), and Board Policy 3310 (“Employee Expression in Noninstructional Settings”). The board's decision came after an hourslong quasi-judicial hearing and around an hour of closed-door discussions among members.

At Wednesday's hearing, Principal Mark Schneider explained when a music teacher asked about Tempel's song suggestion, he figured there was a different song that may be more appropriate, and he changed it to "Rainbow Connection" by Kermit the Frog. Schneider asserted the decision wasn't about rainbows, and referenced Miley Cyrus' public past, which students could find online.

Schneider explained, however, that he only heard of his employee's dissatisfaction with the decision after reporters started asking him why the song was "banned." Prior, Tempel had taken to Twitter to express her dissatisfaction. Superintendent James Sebert explained at the meeting that the behavior had gone around the chain of command for reporting concerns, and further, that Tempel had spread inaccurate information.

In Thursday's statement, the board asserted the firing " was not based upon any prohibited basis, particularly Ms. Tempel’s right to free speech in the First Amendment of the Constitution." Instead, Tempel did not follow policy on "multiple accounts, which results in considerable disruption to the district," the board said.

Among those disruptions, Schneider explained earlier, were emails and voicemails from people expressing dissatisfaction about banning "Rainbowland" and ensuing security support from the police.

"The decision of the Board was not about any particular song, that may or may not have been selected for a concert, but the process by which an employee goes about expressing their concerns in a productive manner in accordance with Board Policy," the board statement reads. "The testimony and evidence presented during the hearing demonstrated that Ms. Tempel repeatedly misstated the circumstances of her supervisor’s decision, leading to substantial liability to the District, disruption to the learning environment and threat of harm to the welfare of students and staff."

Prior to the board meeting, dozens of protesters gathered outside in support of Tempel. Some counterprotesters also showed up. For some protesters on both sides—and contrary to the board's explanation—the issue did come down to rainbows and speech.

College student Marcus Schroeder, who was holding a sign that said "Homosexuality is a sin," explained to Patch that the LGBT community "shouldn't claim the rainbow." 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.

"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."

See also: 'Rainbowland' Controversy Sparks Demonstration In Waukesha: Photos

Another protester, Tim McCawley, told Patch before the board meeting that if Tempel is fired, it would be because she's "standing up for what she believes."

Another protester, Len Lamberg, called the song a "jaunty tune" and explained he "can't imagine a better message for a teacher to give to kids."

When Patch asked readers around southeastern Wisconsin in March if "Rainbowland" is too controversial for first-graders to perform, most respondents said it was not. 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.

"The Board takes very seriously the right of all people to speak freely and further acknowledges that discourse and debate are an important part of free society. However, the District has an obligation to enforce Board policies that apply reasonable boundaries to employee speech when it adversely affects the learning environment," read the statement from the school board.

Read the full explanation from the school board for firing Melissa Tempel below: