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In 1996, the federal 5th Circuit Court of Appeals ruled that colleges could no longer use race as a consideration in their admissions decisions, ending what is commonly known as affirmative action at these institutions. In an effort to ensure diversity among students at colleges and universities in Texas, the Texas Legislature reacted the following year by passing House Bill 588. This bill created what we know as the Top 10% rule. Under the Top 10% rule, students who graduate in the top ten percent of their Texas public or private high school are eligible for automatic admission to any public university in Texas. There are some additional requirements on the students such as submitting a timely admission application and enrolling within two years of graduating from high school. Schools may still require test scores from tests such as the SAT or ACT, but the scores are not used for admission purposes. This law has come under increased scrutiny in the last few years. More than 70% of freshmen entering the University of Texas are admitted under the Top 10% rule. However, last month, the Supreme Court ruled that schools can once again consider race when looking at applicants. Some say this brings the necessity of the Top 10% rule into question. Accordingly, it is quite possible that during the next legislative session, the legislature could consider repealing or modifying the Top 10% law. Such a proposition obviously has supporters and opponents. Supporters of the Top 10% rule say that the law continues to serve its purpose of diversifying higher education institutions in Texas. They say that the law is allowing students from all over the state to attend the state's top universities. They fear that without the law, schools like the University of Texas and Texas A&M would only draw students from large metropolitan areas like Houston and Dallas. Further, supporters argue that students admitted under the Top 10% rule statistically do as well in college as the rest of the students. Opponents of the rule, however, argue that the rule was instituted as a reaction to the court ruling which outlawed the consideration of race. Now that the Supreme Court has allowed the practice, there is no longer a need for the Top 10% rule. They argue that the rule is not fair because it does not take into consideration any factors other than class rank. According to these opponents, one must consider the competitiveness of the high schools and that many students are being left out of the automatic admission provision who are more academically qualified than some students who do qualify. For example, a student at a less academically competitive school may graduate with a 92 average and still be in the top ten percent of their class, while a student at a more academically competitive or larger school may graduate with a 97 average and not be in the top ten percent of their class. Opponents of the rule say that other meaningful criteria such as curricula, test scores, extra-curricular activities and writing samples should play a larger role in ensuring fair admissions practices. You can contact me by writing to P.O. Box 2910, Austin, TX 78768-2910 or by e-mailing me at larry.phillips@house.state.tx.us.
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