Top 10 rule for colleges might be overturned

The 81st Session of the Texas Legislature began on Tuesday with a controversial change to higher education already in the works.

The 10 Percent Rule, which ensures the admission of the top 10 percent of students from each graduating class at state high schools to public universities, has come under fire as the University of Texas at Austin reported that 81 percent of its freshman class was admitted under the provision.

"We would like to have a 50-percent cap on the number of students admitted," said Don Hale, a spokesman for the University of Texas at Austin Office of Public Affairs. "We're the one school in the state where the majority of students are admitted under that law."

According to Hale, a cap would put a limit on the percentage of students admitted through the academic standing rule. Admissions officers would admit those students in the top 1 percent and so on until 50 percent of open slots were filled. The rest of applicants would be looked at holistically.

Cameron County legislators say a change could be dangerous for regions that have benefited from the egalitarian rule for the past decade.

"I'm for (the 10 percent rule) because I think it's done in a way that's very fair," said Rep. Eddie Lucio III, D-San Benito. "I can understand the situation at UT-Austin where upwards of 75 percent of spots are automatically occupied, but in theory it's a wonderful program."

The rule was initially passed in 1997 after the U.S. Supreme Court ruled that state-funded universities could not practice affirmative action. The law was a race neutral method of admitting university students, looking only at the work they had put into achieving high standing.

Even Rep. Rene Oliveira, D-Brownsville, a 13-term veteran of the Legislature and longtime proponent of the 10 percent policy, said that he knows the rule isn't perfect.

"I see some of the problems it's created," Oliveira said. "I think we should consider limiting the number of slots that are available, but I think a 50-percent cap would go too far."

Oliveira and state Sen. Eddie Lucio Jr., D-Brownsville, say there's another reason for the number crunch.

"Constraints in capacity are actually symptoms of a larger issue: the fact that in spite of its size, Texas only has two flagship universities, the University of Texas at Austin and Texas A&M University," said the senator. "One solution would be for the state to invest in strengthening our higher education system to provide more first-rate institutions for students to attend."

Hale agrees that there's a need for more top tier schools, but says the problems are distinct.

"I think it's separate from (the number of universities)," said Hale. "What we have proposed is that half of the students would be admitted under a single criterion, the other wouldn't." This way, UT would have the ability to enroll more out-of-state students and more students who have exceptional talents but may not fall into the top 10 percent of their class.

Brownsville educators are divided on the local impact of such a change.

"Historically, the 10 Percent Rule has had a negative effect here because our top students have exceptionally high averages and those in the top 20 percent or more are also very high achievers," said Brother Sumner Herrick, the college guidance counselor at Saint Joseph Academy. Those students at rigorous schools like SJA must work exceptionally hard to make it even to the top 20 or 30 percent of their class, but may not gain admission to one of Texas's best universities.

On the flip side, Salvador Cavazos, assistant superintendent for curriculum and instruction for the Brownsville Independent School District, said that any changes to the law would be a "step backwards."

"I think (the rule) has given Brownsville students the ability to attend the flagship universities of Texas," said Cavazos. "It's been a great blessing for our students."