Mississippi State Superintendent of Education nomination in jeopardy

The Mississippi Senate has until sine die to take up Dr. Robert Taylor’s nomination. Multiple sources have indicated that the Senate is unlikely to act, effectively denying the confirmation of Dr. Taylor.

Multiple sources, both within the Mississippi Senate and close to the hiring process for the State Superintendent of Education, spoke to Magnolia Tribune on the condition of anonymity this weekend about the likely fate of Dr. Robert Taylor’s nomination to the post. The common thread was that Dr. Taylor is unlikely to receive needed confirmation from the Mississippi Senate.

After conducting a national search, the State Board of Education (SBE) named Dr. Robert Taylor Mississippi’s new State Superintendent of Education on November 21, 2022. Dr. Taylor, a 30-year veteran educator and deputy state superintendent for the North Carolina Department of Public Instruction, began his role in January 2023.

Rosemary Aultman, SBE Chair, said Dr. Taylor possesses all of the qualities the Board sought for the next state superintendent of education.

“He brings extensive leadership experience at the school, district and state levels and the skill and commitment needed to continuously improve student achievement statewide,” Aultman said. “Mississippi has become a national leader for improving student outcomes. The Board is confident we selected the right person to lead our state to achieve at even higher levels.”

Concerns Raised in New Subcommittee’s Hearing on Nomination

However, as the 2023 Mississippi Legislative session nears an end (sine die is April 2nd), a date has not been set for a confirmation vote on Dr. Taylor’s nomination.

The first sign of potential trouble for the nomination came when the Senate formed a new three-person “Education Nomination Subcommittee.” Senate Subcommittee Chairman Chris Johnson (R) invited Dr. Taylor to answer questions about his background, his philosophy on education, and how he plans to manage the Department of Education.

“I thought it would be best to be transparent as possible and have a hearing where we will not be voting today, but have a hearing where we could allow Dr. Taylor to answer questions that committee members have as well as other members of the Senate,” Chairman Johnson said.

During the course of the hearing, SBE Chair Aultman and Dr. Taylor faced pointed questions about the hiring process and Dr. Taylor’s background. Questions about process drew heavily from a PEER Staff Legislative Assistance Memo regarding the Mississippi Board of Education’s State Superintendent selection process.

READ MORE: PEER Memo Raises Questions about Hiring Process for State Superintendent of Education

Sources Indicate Nomination Could be in Jeopardy

The nomination ultimately passed out of the Subcommittee by a 2-1 vote, with Sen. Angela Hill voting against. But to be confirmed, the nomination must report out of the full Senate Education Committee and receive a vote on the Senate floor. Our sources indicated that it is unlikely to be reported out of Committee.

Magnolia Tribune spoke with multiple sources in the Senate and close to the hiring of Dr. Taylor. All indicated that Dr. Taylor’s nomination is in jeopardy.

A Senator with knowledge of the situation said the votes aren’t there by a big margin. They explained that it is up to the Senate Education Chairman to bring up the nomination in a meeting, but would be surprised if it comes up for a vote.

Senate Education Chairman Dennis Debar did not respond to request for comment. State Senator David Blount, Vice-Chairman of the Senate Education Committee, told the Magnolia Tribune that he couldn’t confirm the claim.

“I support Dr. Taylor but cannot say how other Senators will vote,” Senator Blount said.

There are currently no Senate Education Committee meetings scheduled.

What Happens if Senate Does Not Confirm

According to the revised 2015 Senate Confirmation Manual, the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER ) reviewed the possible consequences of Senate action on appointments and concluded that:

• Failures to confirm an appointee generally result in a vacancy in office that shall not be filled until the Senate can next meet to concur in an appointment.
• Inaction by a Senate committee to which an appointment has been referred does not constitute a tacit confirmation and such inaction results in a vacancy in office that cannot be filled until the Senate can concur in a future appointment.
• In some instances, the Governor may not revoke an appointment prior to Senate review of the appointment.
• Appointees with terms set by law may hold over in office if their successor is not qualified to take office.

Were the Senate not to act to confirm, it is possible that the State Board of Education could make Dr. Taylor the interim State Superintendent of Education until the Senate reconvenes, presumably in 2024, and takes up his nomination. It is also possible that the State Board of Education names a new interim and restarts its search for a candidate.

In addition to Dr. Taylor’s nomination, Mississippi Governor Tate Reeves’ nomination of Carra Powell to the State Board of Education, has not been scheduled for a vote. Our sources indicate that Powell is also in danger of not being confirmed.