Teacher Fired After 'Rainbowland' Controversy In Waukesha: Report

WAUKESHA, WI — Melissa Tempel, the Waukesha Heyer Elementary School teacher who was put on administrative leave after criticizing her school's choice to bar a Miley Cyrus song from a spring choir concert, was terminated from her job on Wednesday, according to several media reports.

The Waukesha School Board decided to fire Tempel after she took to social media in March to criticize a decision to bar the Miley Cyrus and Dolly Parton duet "Rainbowland" from a first-grade concert. The firing came after an hourslong quasi-judicial hearing where lawyers for the district and Tempel argued about whether she violated policy in her social media statements and other behavior. Before the hearing, protesters flocked outside.

Photos: 'Rainbowland' Controversy Sparks Demonstration In Waukesha

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.

Heyer Elementary Principal Mark Schneider was the first to be interviewed by lawyers at the hearing. He explained to the board that he decided to bar "Rainbowland" after a music teacher asked if it was appropriate for the concert.

It was March 21 when the music teacher emailed him a music video of the Dolly Parton and Miley Cyrus song after Tempel suggested it for a concert, Schneider explained. He said he figured there may be better options so decided against it, but he asserted his decision wasn't about rainbows.

The district explained in a news release in March that the decision was based on Board Policy 2240, which bans controversial issues from the classroom. The policy defines a controversial issue as "a topic on which opposing points of view have been promulgated by responsible opinion and likely to arouse both support and opposition in the community."

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

Waukesha Superintendent James Sebert recommended the termination in May and 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.

But Sebert asserted that with the social media posts, Tempel violated the chain of command. The accusations came after an investigation by Sharon Theide, the district's assistant Superintendent for human resources.

Protesters and counterprotesters convene

Protesters draped in black clothing flocked to the School District of Waukesha administration building on Wednesday before the hearing on 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."

Mary Beth Danielson, another demonstrator, told Patch, "People a thousand miles away are wondering 'what are you guys doing?'"

Danielson added that the policy on controversial issues is open to the board's interpretation and that they might not have the best interests of the community.

"If they keep being heavy-handed they'll keep driving away teachers," another demonstrator, Mary Duerson, said.

Bob Zerull, a Waukesha resident who said he's been in the area for 30 years, said the school district should fire Tempel "because she didn't follow policy."

"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.

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