A state administrative law judge has recommended that Florida drop its license case against Kelly Brock-Sanchez, the former Ridgeview Elementary teacher who posted about Charlie Kirk’s death in September 2025. The judge found the state never proved a key word in its own complaint: ‘public.’
Judge Suzanne Van Wyk issued the recommended order on Oct. 21st. She asked the Education Practices Commission to dismiss the state’s Administrative Complaint.
The complaint said Brock-Sanchez made her posts on a “public social media account.” Van Wyk found the state did not prove that by clear and convincing evidence.
The evidence showed a private Facebook account under the name “Kelly SteelMagnolia.” Brock-Sanchez said she had about 300 friends, all people she knows personally. Her profile picture was a real photo of her, visible to anyone. Her posts were not visible unless you became her friend.
Van Wyk wrote that all five counts depended on the “public account” allegation. The counts included gross immorality, conduct that seriously reduces effectiveness, and failing to protect students from harmful conditions.
Without that allegation, the judge found, the state did not establish the basis for any count.
The judge wrote that the state’s counsel “equivocated” on the point. He emphasized the public profile photo, but the complaint did not charge a private account with a public photo. Florida law lets the state discipline a licensee only for what the complaint alleges.
Someone in Brock-Sanchez’s Facebook friends list shared the first post publicly. The hearing could not determine who first shared Brock-Sanchez’s private post.
Judge Van Wyk wrote that because Brock-Sanchez “did not make that decision,” the consequences of publicly sharing the controversial post “cannot be attributed to her.”
The order contains sharp language about the posts. Van Wyk found the first post “expresses personal approval, if not celebration” of Kirk’s death. She called it “clearly impulsive” and said it “may have been reckless, thoughtless, offensive, and even callous.”
The second post called Kirk “one less evil person on this planet.” Van Wyk found it was unreasonable for Brock-Sanchez to assume it would stay private, since the first post had already gone viral.
She also found no reading of the post supported Brock-Sanchez’s testimony that she wanted people to feel sorry for her.
The order says it “is neither an endorsement, nor an approval, of Respondent’s actions.” The judge wrote that the state chose its charges and failed to prove them.
The order lists findings about the response at Ridgeview. The school received more than 800 emails and 300 Facebook posts, some of them threatening. The district sent extra staff, a counselor, and four secretaries.
The Clay County Sheriff’s Office added a second deputy to patrol the school the day after Sanchez’s post went public.
A fifth-grade teacher was mistaken for Brock-Sanchez and received threatening comments. She had an anxiety attack and left campus. The school excused student absences on Sept. 11 and 12. One or two students were withdrawn.
The order is not final. The parties have 15 days to file written exceptions with the Education Practices Commission. That deadline falls around Nov. 5th. The commission then issues the final order.
The order does not address the federal lawsuit Brock-Sanchez filed in February against the state’s education commissioner. The most recent reporting shows that case is still pending.
The Clay County School Board terminated Brock-Sanchez’s contract effective Oct. 2nd, 2025.