MARTIN COUNTY — The Martin County School Board has formally challenged a state administrative law judge's recommendation that teacher Matthew Theobald be reinstated, arguing the judge made factual and legal errors in concluding the district lacked just cause to suspend and terminate him over Facebook posts made after the 2025 killing of conservative activist Charlie Kirk.
In exceptions filed July 2 with the Florida Division of Administrative Hearings, the school board asks that Administrative Law Judge Jodi-Ann V. Livingstone's June 17 recommended order be rejected or modified and that the board instead affirm Theobald's suspension without pay and termination.
Livingstone previously recommended that the board rescind Theobald's suspension and termination, reinstate him and restore his lost pay and benefits after finding the district failed to prove his comments violated district policies, disrupted school operations or harmed students.
The dispute stems from Facebook comments Theobald, a Spectrum Academy teacher and president of the Martin County Education Association, made following Kirk's Sept. 10, 2025, killing. Screenshots of the posts circulated online, prompting complaints to the school district and an investigation. The school board approved Theobald's suspension in October 2025 after Superintendent Michael Maine recommended his termination.
In its filing, the school board argues Livingstone incorrectly found that Theobald's comments were unrelated to his employment and not directed at students.
The board contends Theobald knew Turning Point USA had student chapters at Martin County High School, Jensen Beach High School and South Fork High School when he referred to the organization as "literally the equivalent of a modern-day Hitler Youth organization."
The board also disputes the judge's finding that the Facebook posts did not substantially disrupt district operations, arguing administrators were required to devote significant time and resources responding to public complaints and that district officials acted quickly to address potential safety concerns.
The filing further argues Livingstone erred in concluding the district failed to prove Theobald engaged in immorality, willful neglect of duty or misconduct in office.
The board contends his comments impaired his ability to serve as an educator, undermined public confidence and violated State Board of Education rules, school board policies and district procedures.
The school board also challenges the judge's conclusion that termination was disproportionate, arguing Theobald committed a serious offense that justified bypassing progressive discipline despite having no prior disciplinary record.
In its conclusion, the filing asks the board to "reject or modify" the recommended order and issue a final order affirming Theobald's suspension without pay and terminating his employment.
Livingstone's recommended order is not binding. Under Florida administrative law, the Martin County School Board has final authority to accept, modify or reject the recommendation before issuing its final order.