The Martin County School Board voted Oct. 21 to defer a recommendation by Superintendent Maine to terminate teacher Matthew Theobald and to send Theobald’s request for a formal administrative hearing to the Florida Division of Administrative Hearings.

The decision follows more than two hours of public comment on the teacher’s private social media post about the late Charlie Kirk and whether that post undermined Theobald’s ability to teach. Supporters argued the suspension and proposed termination curtailed constitutionally protected speech and would harm students; opponents called the post inflammatory and said it could make some students feel unwelcome.

Board attorney Tony George told trustees the legal timeline factored into the board’s options. “On Oct. 8…that creates, if you all are gonna hear it, a 60‑day clock for you to hear it,” George said, adding that the clock would require the board to hear the matter no later than Monday, Dec. 8 if the board chose to hear the case itself. George also explained that DOAH could hear the matter later and that the Florida Department of Education may separately review teacher certification matters.

Speakers for Theobald included current and former students, parents and dozens of community members who said Theobald is an effective 17‑year veteran teacher who kept personal views out of his classroom. “Do what’s best for the kids in the class and give me back Mr. Theobald,” student Samuel Fandino said. Several speakers warned that termination could prompt costly litigation and harm teacher recruitment and retention.

Speakers urging termination or discipline said Theobald’s post — which compared Turning Point USA to historical extremist movements — was inflammatory and, they argued, could harm students who belong to school chapters or who hold conservative beliefs. “This is about accountability for the things we say and the things we do,” Dorothy Craft said, urging termination to protect students she described as targeted by the language.

The board’s final procedural votes were fragmented over whether the board itself should hear the case or defer to DOAH. A motion to have the board retain jurisdiction and hear the superintendent’s recommendation failed; the board then voted to defer the hearing to the Division of Administrative Hearings. Board members identified in the record as opposing the DOAH referral were Dr. Moriarty and Miss Powers; the motion to defer carried with the majority.

The transcript and speakers indicate Theobald has been suspended without pay pending the outcome of the hearing process; his attorney, Martin Powell, urged the board to send the case to DOAH and argued a neutral third party should decide. Powell told the board that public‑records requests and social‑media amplification of a private post had complicated the case.

The board took several other routine actions at the meeting, including approving revisions to the student progression plan that clarified how missing assignments are recorded in gradebooks, approving a group Medicare advantage and supplement insurance renewal for retirees, and approving requisitions for purchase orders over $100,000. Those actions were adopted by unanimous or near‑unanimous votes and were not the subject of extended debate.

The DOAH referral means a judge at the Division of Administrative Hearings — rather than the Martin County School Board — will schedule and hear the formal administrative proceeding on Theobald’s employment status. The transcript shows the board and counsel discussed timing and the potential for parallel reviews by the Florida Department of Education, but did not set a DOAH hearing date at the meeting.

The board chair closed the meeting after first‑read votes on a set of policy revisions. The transcript does not record a scheduled date for the DOAH hearing; the 60‑day local hearing clock discussed by counsel would apply only if the board had elected to hear the case itself.