Waukesha Schools' 'Rainbowland' controversy started over this 2017 policy. Here's what it says.

Waukesha School District officials unanimously decided Wednesday to fire Waukesha teacher Melissa Tempel who criticized the district for banning the song "Rainbowland" from a spring concert.

She isn't the first educator to face consequences under the district's "controversial issues" policy. In 2021, Summit View Elementary special education kindergarten teacher Sarah Whaley was suspended after refusing to take down a LGBTQ pride flag in her classroom.

What is the policy and could it impact more teachers? Here's what to know about Waukesha School District's policy on controversial topics:

What's Waukesha School District's "controversial issues" policy?

District officials adopted the "Controversial Issues in the Classroom" policy in 2017 and last revised it in 2022. Here's what it says:

The Board believes that the consideration of controversial issues has a legitimate place in the instructional program of the District.

Properly introduced and conducted, the consideration of such issues can help students learn to identify important issues, explore fully and fairly all sides of an issue, weigh carefully the values and factors involved, and develop techniques for formulating and evaluating positions.

For purposes of this policy, a controversial issue is a topic

  1. on which opposing points of view have been promulgated by responsible opinion.

  2. Which may be the subject of intense public argument, disagreement or disapproval

  3. Which may have political, social or personal impacts on students and/or the community, and

  4. which is likely to arouse both support and opposition in the community.

The Board will permit the introduction of controversial issues when use in the instructional program:

  1. is related to the instructional goals of the course of study

  2. is appropriate for the age and maturity level of the students engaged in the discussion.

  3. does not tend to indoctrinate or persuade students to a particular point of view;

  4. encourages open-mindedness and is conducted in a spirit of scholarly inquiry;

  5. does not cause a substantial disruption in the school environment.

  6. does not create a hostile school environment.

Issues pertaining to human growth and development, as defined by statute, are subject to 118.019, Wis. Stats.

When controversial issues have not been specified in the course of study, the Board will permit the instructional use of only those issues which have received prior approval by the principal.

A teacher may express a personal opinion, only after all student discussion on the topic has concluded. A teacher shall identify his/her personal opinion as such, and must not express such an opinion for the purpose of persuading students to adopt the point of view. The classroom shall not be used as a forum for the discussion of District employment issues.

The Board recognizes that a course of study or certain instructional materials may contain content and/or activities that some parents find objectionable. Teachers shall provide effective advance notice to parents of controversial issues that are part of the planned instruction in the classroom.

If a parent indicates to the school that either content or activities conflicts with his/her religious beliefs or value system, the school will honor a written request for his/her child to be excused from particular classes. The student, however, will not be excused from participating in the course or activities mandated by the State of Wisconsin and will be provided alternative learning activities during times of parent requested absences.

When did Waukesha School District ban controversial posters and materials in the classroom?

Before the start of the 2021 school year, Waukesha School District officials sent out a letter banning Black Lives Matter, Blue Lives Matter, Thin Blue Line, and anti-racist posters and materials in the classroom.

District officials argued the ban aligned with board policy on controversial issues that prohibits teachers from providing instruction on topics including any opposing view points without receiving prior approval by the principal.

In response to the policy, Wisconsin state school superintendent Jill Underly wrote a letter in April saying she is "deeply troubled by the harm caused" by the board's decision to enforce the controversial issues policy.

Have other districts enacted similar policies?

The Waukesha signage ban is just one example of a long history of controversial artworks being removed in Wisconsin school districts. In 2021, the Cedarburg School District removed a LGBTQ+ mural on display at Webster Middle School. The district argued the mural violated the proper process for approval.

In June, Arrowhead Union High School didn't make a final decision on its proposed controversial policy to prohibit "flags, signs and divisive propaganda," but the committee has asked the district's legal counsel to review the policy and administrators to reach out to other districts with similar policies.

The same month the Oak Creek-Franklin School Board approved a policy that bans signs indicating "safe or safer" spaces at school for LGBTQ+ students and allows the district to remove signs about "controversial issues."

In 2022, Kettle Moraine School District banned pride flags and prohibited the use of pronouns in emails and email signatures.

Alec Johnson and Drake Bentley contributed to this report.

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This article originally appeared on Milwaukee Journal Sentinel: Waukesha 'Rainbowland' controversy started over this 2017 policy