Toby Price, the Mississippi assistant principal fired for reading I Need a New Butt! to second graders, called a state appeals court decision ordering his reinstatement a long-awaited vindication for his family.
“I’m grateful for the court’s decision,” Price said in a statement Friday. “For my family, it brings relief and validation after nearly four years of uncertainty.”
The Mississippi Court of Appeals on Jan. 27 said the Hinds County School Board’s decision was “arbitrary, capricious, and lacked substantial evidence,” and rendered Price’s employment reinstated. The court sent the case back to Hinds County Chancery Court for further proceedings, including a factual determination of the amount of back pay, if any, he is owed.
Price, a veteran educator and assistant principal at Gary Road Elementary School, was initially fired by Superintendent Delesicia Martin on March 3, 2022, two days after she placed him on administrative leave for the reading during a “Read Across America Day” Zoom session when the scheduled reader did not appear. Martin determined Price failed to act professionally and violated the Mississippi Educator Code of Conduct, according to the case record.
The Hinds County School Board upheld the termination in April 2022 by a 2-1 vote, with two abstentions. Linda Laws and Carolyn Samuel voted to uphold the firing; Rod Jones voted against it; and Robbie Anderson and Kayla Banger abstained.
“I have not heard directly from the district regarding reinstatement,” Price wrote in a Jan. 31 email.
His family is seeking full back pay and restoration of benefits he said were lost after his termination, including health insurance coverage, retirement contributions and accumulated sick leave.
“The firing had a significant financial and emotional impact,” he explained. “We lost stability and income, and my family lived under prolonged stress and public scrutiny — all stemming from a classroom reading meant to engage young students.”
Price said his family had to reorganize to get by. “My wife returned to nursing school and began working at the University of Mississippi Medical Center in the NICU to take care of the family,” he said. “We switched roles.” The NICU is the neonatal intensive care unit.
Since he was fired, Price said he has focused on supporting his family and speaking out about the case. “Most of my time has been spent helping my oldest two kids with autism transition out of high school and helping my youngest daughter transition into college,” he said. “I’ve spent time writing and speaking about the broader implications of this case for educators and families.”
In reversing the termination, the Court of Appeals said the district failed to provide substantial evidence that Price violated the educator code’s Standard 1, which addresses professional conduct, and Standard 4, which requires educators to avoid causing “unnecessary embarrassment” to students.
The court said Price had no notice that the book violated professional standards, citing evidence that he had previously read the sequel, I Broke My Butt!, to students and that the school had posted a video of him doing so on its official Facebook page without discipline. The court record also refers to the series as an “international bestseller.”
The district alleged the reading embarrassed students, but the court said there was “nothing concrete in the record” to support that claim and noted that “no teacher, student, or parent of a student testified that a child was ‘embarrassed.’” The court said the only evidence offered was a teacher’s description of a student with special needs repeating the word “butt” after the reading, which the judges said did not amount to substantial evidence of embarrassment.
The court also pointed to inconsistency, noting the school library contained books depicting “nudity” and “inappropriate activities,” including “naked children running through the street.” The court cited titles including Chicken Butt!, No, David!, and poems by Shel Silverstein, and said there was “no stark contrast” between those materials and I Need a New Butt!.
The book’s original publisher, Oratia Media of New Zealand, was named one of the best children’s publishers of the year in 2021 at the Bologna Children’s Book Fair.
Because the court resolved the case on evidentiary and administrative grounds, it did not address Price’s additional claims involving due process and free speech.
“Ideally, I would love to return to my prior position at Gary Road Elementary,” Price wrote in an email. “That said, I have real concerns about potential retaliation after everything that has occurred. I am open to discussing other appropriate positions within the district if that would ensure a safe and professional working environment. I am still hesitant, considering the same school board that terminated me before are still in office.”
No date has been set for the case to return to chancery court, Price said. His attorney expects it to be scheduled within about 30 days, he wrote, but “we are still waiting on formal scheduling.”
Price said the case also underscored uneven discipline for educators in Mississippi. Investigative reporting by WLBT and The Clarion-Ledger found the state has issued or reinstated licenses for some educators after far more serious wrongdoing, including felony convictions and misconduct involving students. Their reporting cited cases that included a principal who served prison time for attempted murder and an educator who pleaded guilty to embezzling more than $73,000 from a school, as well as instances in which educators accused of unethical relationships with students remained employed. Price said those findings show “inconsistencies of who receives what consequences.”
“This case was never about harming children,” Price said. “It was about fear replacing trust in educators. When we limit access to books, we don’t just remove stories — we limit curiosity, empathy and ultimately who kids are allowed to become. Schools should be places where learning is guided by care and context, not fear.”
Martin, who retired in 2023, and a spokesperson for the Hinds County School Board did not immediately respond to messages seeking comment.
Last Updated on February 1, 2026 by Joe Douglass
