MARTIN COUNTY — An administrative law judge has recommended that the Martin County School Board rescind the suspension and termination of Spectrum Academy teacher Matthew Theobald, finding the district failed to prove it had just cause to discipline him for comments he made on Facebook following the Sept. 10, 2025, killing of conservative activist Charlie Kirk.
The recommended order, issued June 17 by the Florida Division of Administrative Hearings, concludes that the district did not establish that Theobald's comments violated district policies, disrupted school operations or harmed students. Administrative Law Judge Jodi-Ann V. Livingstone recommended that the school board reinstate Theobald and award him back pay and benefits.
The recommendation stems from a dispute that began in September 2025 after Theobald, a Martin County educator of approximately 17 years and president of the Martin County Education Association, posted comments on Facebook criticizing Kirk and Turning Point U.S.A. following Kirk's death.
The comments generated widespread attention after screenshots were shared on social media, prompting complaints to the school district and an investigation. In September 2025, Superintendent Michael Maine recommended Theobald's suspension without pay and termination. The school board approved the suspension in October, and Theobald requested a hearing before the Division of Administrative Hearings to challenge the decision.
A final hearing was held April 2 in Stuart.
In her findings, Livingstone wrote that while Theobald's comments were "offensive, disrespectful, and made in poor taste," they were made on his personal Facebook account, outside work hours and in a private context unrelated to his duties as a teacher.
The judge found there was no evidence that the comments disrupted students' learning environment, affected student safety or impaired Theobald's ability to perform his job.
The order also states that the district failed to demonstrate substantial disruption to school operations and noted there was no evidence of protests, demonstrations or disruptions at schools resulting from the comments.
Livingstone further found that the district bypassed its normal progressive discipline process despite Theobald having no prior disciplinary record during his career. The order notes that his performance evaluations consistently rated him as "effective" or "highly effective."
The judge recommended that the school board rescind both the suspension and termination and restore lost pay and benefits.
Martin Powell, Theobald's attorney, said the ruling validates arguments made throughout the case.
"Obviously, we're happy, feeling vindicated," Powell said. "I'm really thankful that Matt had not only a right to a hearing to contest that decision, but colleagues and a union who supported him, and that the independent administrative law judge listened to the facts instead of the political winds."
Powell noted that the case is not yet concluded because the school board retains final authority.
"Unfortunately, it is not the end of the process," Powell added. "This is a recommended order, and the school board gets to make the final order. But this is a big, big win."
Theobald said the decision represents more than a personal employment dispute.
"This wasn’t just a fight for a job or free speech. This was about standing up for what you believe in and making sure that what happened to me doesn’t happen to any other teacher in our district (or any other for that matter)," Theobald said in a statement to WQCS.
"At the end of the day, I am thrilled that an independent third party agreed with what we had been saying all along, which is that the board’s decision lacked just cause and there were no negative impacts on students," he added.
The Martin County School District said the recommendation will now be reviewed by the school board.
"The District is in receipt of the judge's recommendation, and it will be formally reviewed and considered by the School Board at a meeting that has yet to be determined," said Kirstie Germaine, public information coordinator for the district.
The recommended order is not binding. The Martin County School Board will make the final decision on whether to accept, modify or reject the recommendation.