Stacy Bailey, an art teacher, was suspended after a parent accused her of promoting a "homosexual agenda."
The complaint came after Bailey showed her students a picture of her "future wife" during a "Get to Know Your Teacher" presentation at the Arlington, Texas, elementary school last August.
The two-time Teacher of the Year recipient at Charlotte Anderson Elementary School in Texas' Mansfield Independent School District claims she was dismissed for no reason other than the fact that she is a lesbian.
Bailey was discussing the personal life of photographer Robert Rauschenberg, who had a same-sex partner, but she never told her 4th graders that he specifically had a gay lover.
Bailey's lawyer Giana Ortiz disputed a March press release from the school district which stated that multiple parents complained about Bailey.
MISD has resorted to a press release, misstating the facts and attempting to paint Stacy as lacking judgment or moral compass. The fact is that she was placed on leave after years of exemplary work based on a single parent complaint.
The press release stated, "Parents have the right to control the conversation with their children, especially as it relates to religion, politics, sex/sexual orientation, etc."
On Friday, the school district filed to dismiss the discrimination lawsuit that Bailey filed back in May and stated MISD put her on leave because "her statements on same sex marriage and homosexuality which were inappropriate and unnecessary for her to teach art to her Kindergarten through 4th grade elementary school art students," according to Buzzfeed.
Jason C.N Smith, Bailey's lawyer, justified her teaching curriculum and said she educates her students the same way when talking about other heterosexual artists.
In discussing Jasper Johns, Ms Bailey used age-appropriate language, just as she did when she discussed artists who were heterosexual couples, like Frida Kahlo and Diego Rivera.
She didn't say he was the 'sex partner' or 'love partner.' She just said he was the partner of Robert Rauschenberg.
Baily has been reassigned to a different school. This time, she is teaching at a high school, doubling her classroom size from 20 to 40 students, according to NBC News.
But Bailey has not given up on her former students from Charlotte Anderson Elementary and plans to get reinstated there. Her attorney anticipates that the stubborn school district will make sure to keep that from becoming a reality.
"I anticipate that Mansfield is going to be stubborn about this, and so one of us will end up appealing. We are going to appeal it as far as necessary."