Martin County board defers teacher Matthew Theobaldtermination hearing to state administrative judge after heated public comment

The Martin County School Board voted 4-2 on Oct. 21 to send the superintendents recommendation to terminate history teacher Matthew Theobald to the Florida Division of Administrative Hearings, after more than two hours of public comment that divided the community.

Martin Powell, an attorney representing Theobald, asked the board to defer the matter to DOA and said a third-party hearing would avoid the appearance of impropriety. "You have an opportunity to do that right now," Powell said, urging the board to "take yourself out of the situation" and let an impartial forum decide. Board attorney Tony George told members the teachers filing on Oct. 8 started a 60-day clock that would require the board to hear the case by roughly Dec. 8 if it retained jurisdiction.

The hearing request followed public controversy over a private social-media post in which Theobald criticized the late political commentator Charlie Kirk and compared his organization, Turning Point USA, to "a modern day Hitler youth organization," according to speakers who read or summarized the post aloud at the meeting. Critics said the language targeted students involved with Turning Point-affiliated chapters and undermined trust; supporters said the post was private, taken out of context and protected by the First Amendment.

A wide range of residents addressed the board. Student Samuel Fandino told trustees, "If you want me to thrive, what you would do is you would give me back my teacher," urging Theobalds reinstatement. Other speakers—including retired educators, parents and community members—urged careful, impartial fact-finding or warned of legal costs if the district moved to terminate a 17-year employee.

Opponents of Theobalds return emphasized the tone and content of the post. Elizabeth Crane said she found the post "very disturbing" and questioned whether the teacher could be trusted to provide a safe classroom environment. Several speakers cited district policy and Florida Department of Education guidance limiting educatorspublic conduct when it undermines trust in the learning environment.

When the board voted on whether to hear the termination locally or defer to DOA, the chair recorded a final tally of 4 in favor of deferral and 2 opposed. The transcript identifies the two dissenting votes as Doctor Moriarty and Miss Powers. The motion to defer was made by Miss Roberts and seconded by Miss Russell.

Tony George, the school board attorney, told trustees that while the Division of Administrative Hearings may not be able to schedule a proceeding until later in the year, deferring would place the fact-finding and legal rulings in a forum staffed by judges who regularly handle employment hearings. He also told the board the Florida Department of Education was conducting a parallel review of certification for educators whose comments about the Kirk shooting had been reported.

The boards decision does not decide whether Theobald will be terminated. It only sets the venue for the hearing. Martin Powell said his client had asked for the DOA hearing; Theobald remains suspended without pay pending the outcome of that process, a condition public speakers said had lasted nearly five weeks by the Oct. 21 meeting.

The board also recorded a separate motion and votes on related procedural items during the meeting, but the DOA deferral was the final resolution on the Theobald matter on Oct. 21.

The DOA schedule and any subsequent actions by the Florida Department of Education were not set at the meeting.