Florida School Board argues teacher must still be fired for Kirk post

The Martin County School Board is pushing back on a judge's recommendation that embattled teacher Matt Theobald should get his job back with back pay and benefits.

Kirk was suspended in October over Facebook comments he made following the assassination of conservative icon Charlie Kirk. But a state administrative law judge recommended Theobald be reinstated.

The School Board filed objections July 2 to Administrative Law Judge Jodi-Ann Livingstone's recommendation. The School Board, its attorney Anthony Gonzales said, should affirm Theobald's suspension without pay and fire him.

Theobald's Facebook post about Kirk, the late Turning Point USA founder, was a "'serious offense' - based on the violations of state Board of Education rules, School Board policies and district procedures" - and progressive discipline is inappropriate in this case," Gonzales told the state Division of Administrative Hearings in a filing. "The School Board will make the final decision in the matter."

The School Board has set no date to meet to consider Theobald's status. It is not bound by Livingstone's recommendation.

Kirk, 31, was shot and killed Sept. 10 during an appearance at Utah Valley University in Orem, Utah.

On Facebook, Theobald called Kirk a "racist, misogynistic, fear-mongering, xenophobic neo-Nazi," and two days later the School Board stripped Theobald of his teaching duties at Spectrum Academy in Stuart.

On Oct. 21, the School Board agreed to a hearing that would help determine whether Theobald keeps his job.

Theobald's attorney Martin Powell could not be reached for comment.

Unblemished record

Livingstone argued in her recommendation that Theobald "by all accounts ... is a good teacher" and "has never been subjected to discipline."

Theobald has worked for the Martin County School District for more than 15 years and was president of the Martin County Education Association, the teachers union, when he wrote the post about Kirk.

"Given Mr. Theobald's unblemished employment record, the facts of this case do not justify disregarding the progressive discipline provisions of the (collective bargaining agreement) or imposing the ultimate sanction of termination," Livingstone wrote in her recommendation.

But the School Board objected to Livingstone's reasoning, Gonzales said, arguing "neither Florida law nor the applicable collective bargaining agreement mandate that the board disregard serious offenses and strictly adhere to progressive discipline simply because an employee has no prior discipline."

Theobald also posted that Turning Point USA "is the equivalent to a modern-day Hitler youth organization," which, Gonzales said, can only be interpreted as Theobald's opinion of students in the Martin County School District.

Employment record of no consequence

Theobald's unblemished employment record is of no consequence, Gonzales said in the objections he filed. Also of no consequence was the immediate removal of Theobald from the classroom, he said, to limit any further disturbance the post might cause.

Additionally, Superintendent Michael Maine and the School Board had no opportunity to apply progressive discipline, Gonzales argued, considering the public at large. The public "had clearly lost faith in Mr. Theobald based upon the public outcry," and the board "would have no way of knowing what such progressive discipline would have been."

Maine argued at the April 2 hearing in front of Livingstone that Theobald would be unable to regain the faith of students and parents in the Martin County School District. And Gonzales reiterated that in his objections.

"Immediate removal was the only option," Gonzeles wrote. "As also testified to by the superintendent, this was the best way to provide for the safety of the students and faculty at the Spectrum Academy and/or across the district when considering the possibility of protests and/or other safety concerns."

Keith Burbank is a watchdog reporter for TCPalm, covering Martin County. He can be reached at keith.burbank@tcpalm.com.

This article originally appeared on Treasure Coast Newspapers: Florida School Board argues teacher must still be fired for Kirk post

Reporting by Keith Burbank, Treasure Coast Newspapers / Treasure Coast Newspapers

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This story was originally published July 2, 2026 at 8:08 PM.