Teaching Profession

Teacher Allegedly Dismissed for Book Choices to Get Trial

By Andrew Trotter — November 15, 2005 1 min read
  • Save to favorites
  • Print

A decision by a federal appeals court this month allows an Ohio teacher to proceed with her lawsuit claiming she lost her job because of certain books she chose to assign to her students.

Shelley Evans-Marshall, an English teacher at Tippecanoe High School, in Tipp City, Ohio, contends that her employment contract was not renewed in 2002 because the school principal and the superintendent of the 2,600-student Tipp City district were retaliating for her exercise of her free-speech rights under the First Amendment.

She said in court papers that she had received outstanding evaluations from Principal Charles W. Wray until a public protest in the fall of 2001 against her assignments for optional reading, which she maintains were all district-approved books, such as To Kill a Mockingbird, Fahrenheit 451, and Siddhartha.

After about 500 people signed a petition directed against her calling for “decency in education,” the principal gave Ms. Evans-Marshall her first negative evaluation and directed her to discuss with her department head before using materials with “graphic violence, sexual themes, profanity, suicide, drugs, and alcohol,” according to court papers.

Later that school year, after she had shown her students a film adaptation of Shakespeare’s “Romeo and Juliet” that was rated PG-13—a rating that she said was permissible under district policy—she received another poor evaluation and the school board voted not to renew her contract.

School officials said in court papers that the nonrenewal was unrelated to the controversy.

On Nov. 1, a panel of the U.S. Court of Appeals for the 6th Circuit, in Cincinnati, voted 3-0, with one judge dissenting in part, to allow Ms. Evans-Marshall’s lawsuit proceed to trial.

“Under a liberal reading of the complaint, Evans-Marshall was terminated due to a public outcry engendered by the assignment of protected material that had been approved by the board,” U.S. Circuit Judge R. Guy Cole Jr. wrote in the majority opinion. He said the school board’s approval of the teacher’s “termination is an injury that would chill First Amendment expression.”

In a partial dissent, Judge D. J. Zatkoff argued that district Superintendent John T. Zigler and Mr. Wray were entitled to immunity from personal liability in the suit.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
Reading & Literacy Webinar Supporting Older Struggling Readers: Tips From Research and Practice
Reading problems are widespread among adolescent learners. Find out how to help students with gaps in foundational reading skills.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Improve Reading Comprehension: Three Tools for Working Memory Challenges
Discover three working memory workarounds to help your students improve reading comprehension and empower them on their reading journey.
Content provided by Solution Tree

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Teaching Profession What We Know About Pre-K Teachers: Salaries, Support, and More
A new RAND report shows how public school pre-K teachers need additional support.
6 min read
Teacher Abi Hawker leads preschoolers in learning activities at Hillcrest Developmental Preschool in American Falls, Idaho, on Sept. 28, 2023.
Teacher Abi Hawker leads preschoolers in learning activities at Hillcrest Developmental Preschool in American Falls, Idaho, on Sept. 28, 2023. A new report on pre-k teachers shows they want more professional learning.
Kyle Green/AP
Teaching Profession Opinion After 30 Years as a Teacher, He Became an Interviewer on YouTube. Here's Why
He’s interviewed Nobel laureates, National Book Award winners, and influential education thinkers.
6 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
Teaching Profession When Teachers Become Parents, They Gain a New Perspective of the Job
While parenthood can present challenges, it also offers opportunities for educators.
5 min read
African American father and his daughter walking to school.
Mladen Zivkovic/iStock/Getty
Teaching Profession Live Event Work Flexibility, Leader Stability Keys to High Teacher Morale
Education Week and the Boston Globe partnered on an event exploring the "State of Teaching" project.
5 min read
The Boston Globe’s Christopher Huffaker leads a panel about how to support teachers' morale and development at the Boston Children's Museum in Massachusetts on Dec. 4, 2025. The Globe partnered with Education Week in staging the the "State of Teaching" event.
The Boston Globe’s Christopher Huffaker leads a panel about supporting teachers' morale and development at the Boston Children's Museum on Dec. 4, 2025. The Globe partnered with Education Week in staging the event.<br/>
Suzanne Kreiter/Boston Globe