Mississippi Court Reverses Board Decision to Terminate Teacher

February 17, 2026

Important Takeaways: In Mississippi, school districts may only terminate employment contracts when there is evidence of wrongdoing. Decisions to end employment cannot be made in a “whimsical manner.”

Facts: Toby Price, an assistant principal at Gary Road Elementary School in Hinds County, Mississippi, was fired after reading a cartoon book entitled “I Need a New Butt!” to a second-grade class.

Price was tasked with finding someone to read to the second-graders for “Read Across America Day” on March 1, 2022. Price secured a school employee to read over Zoom. However, the employee was unavailable, and at the last moment, Price had to fill the role himself. Price grabbed a cartoon book about a young boy who searches for a new butt after discovering his butt has a crack in it. Price described the book as a fun and silly way to teach kids to not be afraid of their bodies. After Price read to the class, a student would not stop repeating the word “butt” incessantly. That student was previously disciplined by Price for pulling down their pants in class.

Later that day, the district superintendent informed Price that he was being placed on administrative leave. Two days later, Price was fired.

Price challenged his termination, and the School Board (the “Board”) conducted a due process hearing. The superintendent testified that, based on the knowledge she received from the Gary Road principal and various teachers that “Mr. Price had not acted professionally.” The superintendent noted that one of the most important considerations when dealing with impressionable minors is consistency. She went on to say that Price was inconsistent by disciplining a student for showing their butt one day, and reading a book centered around butts the next.

In his defense, Price offered evidence that the school library contained many books that contained pictures and references to butts, including popular children’s books like “No, David!” and “The Planet of Mars” by Shel Silverstein. Additionally, Price argued that he was never put on notice that “I Need a New Butt!” was a banned material. To support his lack of notice, Price noted that he read the sequel to “I Need a New Butt!” two years earlier during the COVID-19 pandemic. Further, that reading was recorded and posted to the Gary Road Elementary Facebook page. He argued that the lack of discipline and apparent endorsement from the district is contrary to his termination. Finally, Price brought in an expert in education and literacy. The expert concluded that young students flourish when their learning materials are engaging, and he emphasized the importance of using humor while teaching. The expert concluded by stating he would use the book in his own second-grade classroom.

The Board determined that the district administration had complied with its policies and found good cause to terminate Price’s contract. Price then filed a petition for review in Mississippi state court. That court agreed with the Board’s determination. Price appealed to the Mississippi Court of Appeals.

Court findings: The Court of Appeals can reverse the Board’s determination only if the decision was not supported by any substantial evidence. This is a high standard to satisfy because a decision “is supported by substantial evidence if the evidence affords a substantial basis of fact from which the fact in issue can be reasonably inferred.” Leland Sch. Dist. v. Brown, 342 So. 3d 508, 515-16 (¶21) (Miss. Ct. App. 2022). In sum, the Court of Appeals will uphold the Board’s decisions if it based the decision on any fact that is reasonably inferred.

The Board based its decision to terminate Price’s employment on the two Mississippi Educators’ Code of Ethics Standards. Standard 1 states that “an educator should demonstrate conduct that follows generally recognized professional standards.” Miss. Educ. Code of Ethics Standard 1. The Code of Ethics does not define what constitutes generally recognized professional standards, but it does list conduct that would not meet those standards. Among them are harassing colleagues, misusing test materials, using inappropriate language on school grounds, using physical violence, and failing to supervise children. However, the Court of Appeals found no evidence in the record that Price committed any of these actions. Further, the court noted that Price had no notice that reading “I Need a New Butt!” would violate generally recognized professional standards. So, the Board did not base its decision on ANY evidence that could be reasonably inferred.

The second Code of Ethics Standard that Price allegedly violated charged educators to “always maintain a professional relationship with all students, both in and outside of the classroom.” Miss. Educ. Code of Ethics Standard 4. The Board found that Price violated this standard by “failing to provide an environment that did not needlessly expose students to unnecessary embarrassment.” However, there was nothing in the record that suggested any students were embarrassed after Price read the cartoon book. Thus, the court found no substantial evidence that proves Price violated the second standard.

The court found the Board’s decision to terminate Price’s employment arbitrary and capricious, meaning the decision was not based on logic or reason. The court came to this determination because the Board had evidence that the school library included books containing nudity in the same manner as “I Need a New Butt!” Considering everything the Board based its decision on (violation of ethical code and disregarding pertinent evidence) The court found the Board “reached its decision in a whimsical manner” and thus, reinstated Price’s employment with back pay.

What this means: In Mississippi, a court can only reinstate employment and grant back pay if the school district does not base its decision on ANY substantial evidence. In Montana, an arbitrator or court will only reinstate a teacher if they find the termination was not for good cause or there were procedural irregularities in the termination procedure. You should seek legal counsel prior to the termination of a teacher to help ensure the decision will hold up if appealed.

Price v. Hinds County School District, Court of Appeals of Mississippi, January 27, 2026. Read it here.

Please contact Bea, Megan, Kevin, Beth, or Kali if you have any questions.