MARTIN COUNTY — Attorneys for former Martin County teacher Matthew Theobald are urging the Martin County School Board to reject its own appeal of an administrative law judge's recommendation that he be reinstated, arguing the board is attempting to relitigate factual findings it cannot legally overturn.
In a response filed July 13, Theobald's attorney asked the school board to deny the district's exceptions to Administrative Law Judge Jodi-Ann V. Livingstone's recommended order and adopt it as the board's final order.
The filing comes after the school board submitted exceptions on July 2 challenging Livingstone's June 17 recommendation that Theobald's suspension and termination be rescinded.
Livingstone previously found the district failed to prove Theobald's Facebook comments following the Sept. 10, 2025, killing of conservative activist Charlie Kirk violated district policies, disrupted school operations or harmed students. She recommended the board reinstate Theobald, restore his lost pay and benefits, and rescind his suspension and termination.
The dispute centers on comments Theobald, a Spectrum Academy teacher and president of the Martin County Education Association, made on Facebook after Kirk's death. Screenshots of the comments 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 July 2 filing, the school board argued Livingstone made factual and legal errors by concluding Theobald's comments were unrelated to his employment, did not substantially disrupt district operations and did not justify termination. The board also argued his comments undermined public confidence, violated district policies and State Board of Education rules, and warranted dismissal without progressive discipline.
In response, Theobald's attorney argued the board is improperly asking to replace the administrative law judge's factual findings with its own interpretation of the evidence. The filing contends Florida law prohibits the board from rejecting findings of fact supported by competent, substantial evidence and bars it from reweighing witness credibility after the administrative hearing.
The response also raises a procedural issue, asserting the school board's exceptions were filed with the Florida Division of Administrative Hearings rather than with the school board itself, which is responsible for issuing the final order. Theobald's attorney asks the board to determine whether the exceptions were timely and properly filed before considering their merits.
Addressing the substance of the appeal, the filing argues Livingstone properly relied on testimony that Theobald made the comments outside work hours, on his personal Facebook account, in response to comments on his mother's Facebook post and not while acting in his capacity as a teacher. It also argues the evidence showed the comments were not directed at students, colleagues or a school-related audience.
The response further argues the administrative law judge correctly found there was no evidence of substantial disruption at any Martin County school, noting the district presented evidence of administrators responding to complaints and conducting an investigation but not of disruptions to classroom instruction or school operations.
Theobald's attorney also disputes the school board's claim that his comments violated educator ethics rules, arguing the provisions cited by the district describe aspirational principles rather than independently enforceable disciplinary standards under Florida administrative precedent.
The filing further maintains the judge correctly concluded the district failed to prove Theobald's comments impaired his ability to teach, disrupted students' learning environment or justified bypassing progressive discipline in favor of termination. It asks the board to adopt Livingstone's findings and reinstate Theobald's 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.