CLAY COUNTY, Fla. – A Florida judge has recommended the dismissal of a misconduct case against a Clay County educator, dealing a significant blow to the Department of Education’s efforts to sanction teachers over social media comments regarding the assassination of conservative activist Charlie Kirk.
In an Oct. 21 ruling, Division of Administrative Hearings (DOAH) Judge Suzanne Van Wyk concluded that the Department of Education (DOE) failed to prove that Kelly Brock-Sanchez, an exceptional student education (ESE) teacher at Ridgeview Elementary School, violated state conduct rules. The dispute stemmed from a Facebook post made on Sept. 10, 2025—the day Kirk was fatally shot while speaking at a Utah college.
Following the news of the assassination, Brock-Sanchez posted to her personal account: “This may not be the obituary. We [sic] were all hoping to wake up to, but this is a close second for me.”
The DOE sought to discipline Brock-Sanchez, with the potential of revoking her teaching certificate, arguing that the comments constituted “grossly immoral conduct.” A central pillar of the state’s argument was that the post was made on a “public” platform, implying an intentional outreach to the broader community.
However, Judge Van Wyk’s ruling clarified that the account in question was private, accessible only to a restricted group of friends. The judge noted that Brock-Sanchez’s profile did not identify her employer, and none of her approximately 300 Facebook friends were students, parents, or coworkers—with the exception of one union colleague.
“Though someone decided to more broadly disseminate the post, (Brock-Sanchez) did not make that decision, and the consequences of posting to a ‘public’ account cannot be attributed to her,” Van Wyk wrote.
The post ultimately went viral after being shared by a third party, sparking a massive backlash. Ridgeview Elementary became the target of over 800 emails, 300 Facebook comments, and numerous threatening phone calls, which the ruling acknowledged caused significant disruption and prompted an increase in school security.
The DOE had contended that these consequences were a direct result of the teacher’s actions. Van Wyk, however, held that because the initial premise—that the post was public—was factually incorrect, the subsequent claims regarding misconduct and professional negligence could not be sustained.
This ruling marks another instance of the state struggling to discipline educators for private speech. While the DOE vowed last year to investigate every educator who engaged in “vile, sanctionable behavior” regarding the Kirk shooting, multiple similar cases heard by DOAH have also been recommended for dismissal.
It remains to be seen whether the DOE will accept the judge’s recommendation, as DOAH rulings serve as suggestions to state agencies rather than binding mandates. Brock-Sanchez, who previously filed a lawsuit against the Florida Education Commissioner, continues to contest the state’s actions against her career.
Disclaimer: This content is auto-generated for informational purposes only.
Source: Read Original News
