'Rainbowland' teacher, legal team respond to Waukesha School District's motion to dismiss federal lawsuit

WAUKESHA, Wis. (CBS 58) -- The legal battle between the Waukesha School District and the "Rainbowland" teacher, Melissa Tempel, continues. 

In July, the Waukesha School Board voted 9-0 to terminate Tempel from her job as a 1st grade dual language teacher at Heyer Elementary School. 

This, after the school claimed she broke various school policies when she tweeted about officials' decision to not allow students to perform the song "Rainbowland," saying the lyrics were inappropriate. 

Tempel then filed a federal lawsuit on Sept. 5, but the district responded soon after with a motion to dismiss the case, saying their decision was "not a matter of public concern." 

Now Tempel's legal team, which includes advisors from the National Education Assocation, has fired back, citing first amendment retaliation claims against the district and school's superintendent. 

Stick with CBS 58 on air and online for updates on this story.