Was Texas a forward thinker when it passed HB 588 into law in 1997?
As the fallout from the U.S. Supreme Court’s ruling on the use of Affirmative Action continues, and as we see more schools and women under attack holding the position of President at Ivy League and other major universities, ?it is clear that DEI is being challenged in every way possible.? It is possible that the answer could have been in front of us all along, but not fully realized?. Maryland may join a hand full of other states in enacting a 10% admissions rule.[1] Could this solve or address arguments and attacks on DEI and education?
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In 1997, Texas passed House Bill 588.? This bill, now law, guaranteed automatic admission to the University of Texas at Austin and other UT schools for students in the top 10% of their graduating class. And while some looked at this as a work around the 5th Circuit Court of Appeals ruling in Hopwood v Texas, outlawing the use of Affirmative Action in college admissions in the states of Louisiana, Mississippi, Texas, that was not the true intent of the law.
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When this law went into effect, there were 2 interpretations: Conservatives looked at the top 10% of schools enrolling ?a number of these high achieving students to the University of Texas at Austin or Texas A&M University.? Progressives saw this as an opportunity to level the playing field.? Students falling into the 10% of their graduating class would be eligible for admission to these elite universities regardless of the community where the school is located; both were correct; This made sense to all and the law passed. Now a few years into this, a lawsuit was filed. Fischer v. University of Texas was a case that bounced between two courts.
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Abigail Fischer is a White female who applied to University of Texas at Austin but was not admitted. She found out that a student from a high school in Garland, Texas, who had a lower GPA than hers was admitted.? When her application underwent a more comprehensive review for admission, she was denied admission. Ms. Fischer was not in the 10% of her graduating glass, but the student from Garland was and that student was a Latina. The case was first reviewed and ruled in favor of the University.? It was appealed and sent to the 5th Circuit Court of Appeal.? This court returned the case to the lower court for reconsideration but ruled that race could not be used to admit students to public universities. Now in the first petition to the court, Fischer … asserted that her “academic credentials exceeded those of many admitted minority candidates.”, and Ms. Fischer “stewed for years over the disappointment, and seeming to argue that a Black or Latino student stole her spot.” This law was loved by many ?law makers because “The top 10 percent rule is officially blind to race, or socioeconomic status, or the educational attainment of one’s parents[2].” However, in 2003, the U.S. Supreme Court ruled in favor of the University of Texas and that they could continue to use race as a factor in the regular admissions to the university[3], leaving the Top 10% fully intact. The complexing factor in the state of Texas’s Top 10% law is that it will ?“...create an unequal playing field. The difficulty of graduating in the top 10 percent of your class varies, depending on where you go to high school, and with whom[4].”
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The 10% rule has not proven to expand diversity in college campuses in the way first ?conceptualized, but it has opened the door for another avenue to address diversity and yet remain, for the most part, race neutral. This could push high schools to develop programs to push a higher percent of their student body into the 10% or change the definition of what a 10%? graduating class looks like. Whatever schools decide and however they decide to develop their ?programs, universities that use this 10% rule will have a blind approach to the allocation of up to 80% of its seats from this rule/law. If more and more states embrace this as the way to address diversity, over time, it will be challenged in court but is less likely to be defeated.? Further, there is an opportunity to add to the selection criteria, that could include backgrounds and lived experience that does not center around race.
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As more and more states turn to a Top 10% rule in their college admissions, 18 years of data has proven that, while Black and Hispanic/Latino students have increased, those numbers seem to not change at the state’s flagship universities. “…?a slight increase in the number of non-suburban high schools that sent students to those schools, but ultimately determined The Top 10% Plan did not meaningfully change which high schools sent students to UT-Austin or Texas A&M prior to the law’s implementation. The researchers also found that there continued to be more high-achieving students from well-resourced high schools enrolling at the flagships compared with students from other high schools[5]. ??Maryland is close to this decision, but? Senate President Pro-Tem Sen. Malcom Augustine? (D-Prince George) is concerned about what will happen to diversity at the state’s public universities. “I want to make sure that our higher education schools are filled with the talented students from across the state that look like our state[6].” ?Ultimately, that is the DEI challenge as states move towards the Top 10% rule. The article below addresses how the state of Maryland might approach a Top 10% rule for their state, but there are some concerns.
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Absolutely, the conversation on DEI and college admissions is crucial, and navigating these waters requires wisdom. As Robert Frost once said, "Two roads diverged in a wood, and I took the one less traveled by, and that has made all the difference." ?? On a related note, fostering inclusivity and making a difference resonates with us at Treegens, especially as we're sponsoring an exciting opportunity tied to the Guinness World Record of Tree Planting. It's a unique chance to join forces in making a significant impact! Discover more here: https://bit.ly/TreeGuinnessWorldRecord ???
Human Resources and Social Justice and DEI advocate
1 年Can DEI and social justice advocates live with a 10% rule for college admissions?