Burnt Orange Report

Perry Seeks to Change 10% Rule

By Byron LaMasters

And for once I actually agree with Rick Perry. The problem with the top ten percent law is that it is crowding out everyone else. The ten percent law was designed as a way to increase (or at least hold) minority enrollment after the Hopwood decision prevented race from being a factor in admissions. With last year's Supreme Court decision allowing race to be used as a factor in admissions, it is no longer necessary to use the ten percent rule as a remedy for the underrepresenation of minorities. My problem with the ten percent rule is that it ties the hands of the admissions board. It's important for Universities to be allowed to choose a diverse group of students (not just regarding race, but in regards to student interests, fields of study, musical and athletic talent, etc.). The problem with the ten percent rule is that it fills up such a large percentage of slots in the University before the admissions department even has an opportunity to look at everyone else that applies. If the ten percent rule stays in place much longer, there will be more students automatically accepted than there are spots for them. Last year 65% of the freshman class at UT got in under the ten percent rule, leaving only 35% of the slots for everyone else. Anyway, the Houston Chronicle reports:

The 1997 law guaranteeing state university admission to the top 10 percent of each public high school graduating class is forcing too many high-achieving students to attend out-of-state institutions and should be revised, Gov. Rick Perry said Tuesday.

The law's goal of boosting college enrollment among minorities could be achieved with more aggressive recruiting by colleges, Perry suggested.

Speaking at an event to tout results of TAKS testing, Perry was asked whether a state so reliant on standardized exams should ignore them to boost minority college admissions.

"I think the Texas Legislature is going to have to revisit the top 10 percent rule, particularly with the change of the lawsuit dealing with Hopwood," Perry said.

The Hopwood case forced changes in the University of Texas' efforts to broaden minority enrollment, but the U.S. Supreme Court later ruled in a Michigan case that colleges are free to consider race as an admissions factor. UT said it will do so, but Texas A&M University said it won't.

[...]

For months, UT officials have been urging a change in the law to limit the number of students that universities would have to admit under its provisions. One proposal called for capping at 60 percent the percentage of the freshmen class who could get automatic admission. The percentage admitted automatically by UT was 65 percent in 2003.

Sen. Leticia Van de Putte, D-San Antonio, who was present for Perry's remarks, said she agrees the law's impacts should be studied. She said it was passed because of "the over-reaching impact of Hopwood to fellowships and scholarships, not just admissions. The Legislature had to come up with a way to maintain diversity."

Even so, she said, "we hope that the universities will look at the importance of diversity and come up with some different methods to achieve that without having to implement the top 10 percent rule."

Although the subject was discussed in the 2003 legislative session, no action was taken because the Michigan case had not been decided. Now, Van de Putte said, "I'm going to tell you that I'm in support of revisiting" the issue.

Sen. Van de Putte (D-San Antonio) is right on target on this one. It's critical that we work to increase admission levels for qualified minority students while at the same time giving universities more flexibility in choosing their freshman classes. This requires a revision in the ten percent rule.