Abstract
What happens to race in public discussions about “race-neutral” college admissions policies? This article shows how race disappeared from elite political debate during hearings on Texas Senate Bill 175 (2009), the Top Ten Percent Plan (the Plan), which guaranteed college admissions to high school graduates from the top 10% of their classes. Findings indicated that race disappeared from the discussion of college admissions policy in Texas. Instead, policy makers emphasized students’ opportunity to compete for college admissions ignoring that the opportunities for and impediments to success at different high schools varied widely across the state. The implication of these findings is that as policy becomes race neutral, discourse also becomes “colorblind” potentially disguising structural and secondary school inequalities.
Keywords
Introduction
Race continues to be a contentious criterion in college admissions policy discussions. Recent Supreme Court rulings and state ballot initiatives have banned the use of affirmative action in admissions decisions in many states. The pending Supreme Court case, Fisher v. University of Texas, No. 11-345 has the potential to dramatically alter this debate. Abigail Fisher, a White student who filed the case, claimed she was denied admission from the University of Texas because of her race. If the Supreme Court rules in her favor, affirmative action will likely cease, potentially eliminating campus diversity as a rationale for using race in admissions decisions. Essentially, this could strike race from college admissions discussions, policies, and decisions. Before we can understand how those who are within institutions of higher education can foster racial diversity on their campuses if race disappears from college admissions policy discussions, it is essential to demonstrate whether, in fact, race does disappear from discussions about race-neutral admissions policy. If it does, historic advances that students of color have made in the past five decades are in danger of being reduced, or even erased.
Higher education institutions have since their earliest inception in this country adopted educational policies that essentially focus on exclusion as a way to create prestige. Inclusion in colleges and universities was historically based on lineage, ethnicity, gender, or grades (Anderson, 2002; Bruijn & Cyba, 1994; Lawrence, 2001). Since the advent of colonial colleges, race has also been a key predictor of how (or if) people of color would participate in the collegiate experience (Anderson, 1988, 1993, 2002; Karabel, 2005; Lewis, 2004; Miguel & Valencia, 1998; Wright, 1991). Even as the country has become more enlightened about the injustice of racism and other discriminatory practices, race has been an ever-present factor whether implicitly or explicitly, in the construction of higher education admission policies (Schmidt, 2007).
Meanwhile, expanding student access to higher education for students of color has been an ongoing debate for the past 60 years (Alon & Tienda, 2007; Chang, Witt, Jones, & Hakuta, 2003; Gurin, Lehman, & Lewis, 2004; Hurtado, 2005; Orfield, Marin, & Horn, 2005). Policy analysis related to college access in higher education often focuses on the outcomes of the policy (e.g., Card & Krueger, 2005; Kain & O’Brien, 2004; Long, 2004a), answering whether the policy led to increased or decreased access for particular groups. Overlooked is an analysis of the policy change process and the way that this change process might exclude people based on race and gender categories (Marshall, 1999). An analysis of the college admissions policy debate may provide critical insight into how to engineer inclusive admissions practices.
Our article analyzes the policy decision-making process that led to revisions to the Texas Top Ten Percent Plan (the Plan) in 2009, a policy intended to serve as a race-neutral alternative to affirmative action. We draw attention to explicit references to the concept of race, and, implicit references to race as well, showing that race disappeared from the discourse in attempts to foster a race-neutral policy. Specifically, we use a critical policy analysis approach 1 that is rooted in critical discourse analysis and critical race theory, with the objective to (a) examine policy stakeholders’ debate over changes to the Texas Top Ten Percent Plan to reveal the complexities of the process of policy change, and (b) unveil the way that elected officials, organizational representatives, and students discuss racial inequality (if they do) amidst race-neutral college admissions policy, revealing larger ideas about college access and inclusion for students of color.
The Texas Top Ten Percent Plan
The use of race as a factor in college admissions processes (i.e., affirmative action policy) came to a head in the mid-1990s. The U.S. Court of Appeals for the Fifth Circuit, which has jurisdiction over Texas, Louisiana, and Mississippi, ruled in Hopwood v. Texas, 1996 that the use of race, and particularly quotas, in the admissions process for University of Texas Law Schools was unconstitutional (Kahlenberg, 1997). 2 This ruling also maintained that the use of race preferences to promote diversity in the student body of institutions was illegal (Orentlicher, 1998-1999). Thus began the search for alternatives to race-based affirmative action (Orfield & Miller, 1998).
One such alternative was to substitute affirmative action with a program that granted college admissions to students who graduated in a particular percentage of their high school class (Long, 2004a, 2004b). The state of Texas was one of the primary states with such a plan. In 1998, the 75th Texas legislature passed House Bill 588 (H.B. 588; Texas Legislature Online, 2011), the Texas Top Ten Percent Plan (also, The Plan), which guaranteed students graduating in the top 10% of their high school class admission into any public university in the state of Texas.
Although the Plan was officially “race neutral,” meaning that it did not explicitly focus on race as a factor in admissions, the policy was rooted in the idea that high schools were largely segregated by race. Therefore, if students in the top decile of all Texas high schools were guaranteed college admissions, this would essentially work to continue the diversity efforts of affirmative action (Tienda & Niu, 2006a, 2006b). Graduating high school students would have 2 years to formally apply for admission to Texas postsecondary institutions, and college entrance exam scores (SAT, ACT, etc.) would not affect admissions decisions for students in the top 10% of their graduating class (Tienda & Sullivan, 2010).
Overwhelmingly, analysis of the outcomes of the Plan suggests that the policy has not functioned as an adequate replacement for race-based affirmative action policy in promoting racially inclusive college campuses (Guinier & Sturm, 2001; Harris & Tienda, 2010; Long, 2004b, 2007; Sturm & Guinier, 1996; Tienda, Leicht, Sullivan, Maltese, & Lloyd, 2003; Tierney, 2007). Since the implementation of the Plan, there has been a dramatic decrease in the enrollment of students of color in Texas flagship institutions and at private institutions (Bell, 1980, 2004; Finnell, 1998). The Supreme Court case, Grutter v. Bollinger (2003), from Michigan reaffirmed the use of race in college admissions for the diversification of the student body. But the Plan would remain in place unless repealed by the Texas legislature. Essentially this means that affirmative action can be used based on the Grutter decision, but it is left up to individual institutions to decide if and when to use it. There is some evidence, for example, that the University of Texas at Austin (UT-Austin) has been using a combination of the Top Ten Percent Plan and race-sensitive admissions since 2006 and that this has increased Black freshman enrollment in particular (Lewin, 2007). The pending Fisher v. University of Texas Supreme Court decision could reverse Grutter, making it illegal to use race in college admissions decisions. This would make the study of race-neutral alternatives like the Texas Plan even more important for understanding how campuses can pursue diversity in race-neutral ways.
In 2009, the Texas legislature began to debate the logistics of the Plan. Authored by Senator Florence Shapiro, Senate Bill 175 (SB 175, 2009) was created to address concerns regarding the Plan, namely an argument that the University of Texas at Austin had reached capacity for Top Ten Percent students and, therefore, an exception needed to be passed. After much deliberation, in 2009, SB 175 was passed by the Texas Senate and by the House (House Research Organization, 2009; Texas A&M University System, 2011). The revised policy became effective immediately for the incoming fall 2009 class. The policy change meant that 75% of an institution’s enrollment must be filled through the Plan, but once an institution has reached that mark, it may use other criteria in selection. However, the policy change to the Plan essentially only applied to UT-Austin because this is the only school that had enough applicants from the top 10% of high school graduates to reach the 75% mark (Falick, 2009). The remaining 25% was divided between out-of-state applicants (10%) and 15% would be for applicants admitted based on SAT/ACT scores, extracurricular and community activities, and other criteria such as special talents and abilities in the arts, athletics, and speech. SB 175 will be reexamined by the legislature after the 2015-2016 academic year (Falick, 2009).
Although researchers have studied the impact of the Plan (e.g., Finnell, 1998; Long, Saenz, & Tienda, 2006; Long & Tienda, 2008; Tienda et al., 2003), there continues to be a gap relative to the policy-making or policy revision process and the way that race was or was not considered in that process. This study addresses these gaps by examining the discourse that sheds light on the policy revision process for the Plan. In addition, this analysis investigates the way that race and racial inequality are (or are not) referenced in the policy discourse for a race-neutral college admissions policy as a way to reveal inferences to racial inequality more generally.
Theoretical Perspective
This project connects critical race theory (also CRT) with the theoretical foundations of critical discourse analysis to inform the methodology of the study. Critical race theory was initiated in legal studies and then extended to education and other disciplines (Ladson-Billings & Tate, 1995; Solorzano, Ceja, & Yosso, 2000). CRT has five tenants, asserting: the permanence of race and racism, a challenge to the dominant ideology (implicit assumptions, norms), a commitment to social justice, a focus on experiential knowledge, and it is often interdisciplinary (Delgado & Stefanic, 2001; Solorzano et al., 2000). CRT also allows for consideration of interest convergence, arguing that change typically happens when the “interests” of White people and people of color converge over a common goal (Delgado & Stefanic, 2001). CRT also allowed us to consider ways that the changes to the Plan may appear to be race neutral but might have unintended racialized outcomes such as decreasing the number of students of color who are admitted to college. We elaborate on how CRT informed our analysis in the methodology section.
We connect CRT with critical discourse analysis. We employed critical discourse analysis, which has philosophical roots in the thought of Michel Foucalt, Jurgen Habermas, and Anthony Giddens, as a social theory and a methodological meta-theory rather than as an analytic technique in our project (also see, Fairclough, 1992/2003, 1995/2010; Ortloff, 2006; Marshall, 1999; Reisigl & Wodak, 2001). Critical discourse analysis, used as a social theory, explains the relationships between social inequalities and “discourse” or policy debate in this case (Fairclough, 1995/2010). 3 Coupled with CRT, this perspective allows for a way to interpret policy debate to reveal connections between discourse and larger social issues such as racial inequality.
We connect the “critical” elements of critical discourse analysis and CRT in that we focus on social issues that are sometimes hidden from view and “. . . what is wrong with a society and how wrongs might be righted” (Fairclough, 1995/2010, p. 7). This kind of analysis additionally shows discourse, or the policy debate in this case, is shaped by relationships between power and ideology (implicit social norms, rules). In this study, we are theoretically focused on the ideology of race (i.e., what is implied, assumed, or explicitly stated related to race) and how it connects to power relations that would influence college admissions policy making, discussions, and decisions.
Method
The larger study included Texas Senate discourse, newspapers, and the House of Representative testimony. Consistent with critical discourse analysis (Fairclough, 1995/2010; also see Marshall, 1999; Ortloff, 2006; Reisigl & Wodak, 2001), this analysis focused deeply on a particular body of discourse, the legislative testimony regarding SB 175 from the Texas Senate Committee on Higher Education that occurred on March 4, 2009. Following the arguments put forth by Crotty (1998), we made methodological decisions that are informed by our critical theoretical perspective. A qualitative approach, rooted in critical discourse analysis and CRT, was most suited for this study because the aim is to understand how people make meaning of everyday phenomena (Creswell, 1998; Patton, 2001). From a critical standpoint, we were also concerned with the implicit or normative aspects of the policy debate, what the debate indicated about ideas of race and college access.
The data were publicly available documentation and archival records. These forms of data are useful because they are unobtrusive (not created as a result of a study), precise (captures names, references, and details of events), and stable (remains unchanged over time; Yin, 1994). These data allow for an assessment of how the concept of race was (or was not) debated in a defined moment in time—the decision-making process leading to the amendments to the Plan in 2009.
Procedures
Legislative testimony was retrieved from the Texas Committee on Higher Education at the Texas Senate website. We transcribed this 9 hours of testimony verbatim. After transcribing the testimony, we conducted research on each of the Senators or stakeholders (e.g., the President or Chancellor of UT-Austin, students attending Texas universities, members of lobbying groups, etc.) to identify their position or the group that they represented, political affiliation (if applicable), stance toward the proposed changed to the Plan in SB 175, gender, and racial/ethnic group (Table 1). We also particularly examined statements made by these stakeholders for implicit and explicit references to race. The witnesses or policy stakeholders in the hearing regarding changes to Senate Bill 175, the Plan, are listed in Table 1.
Participants.
Note: These participants were a general representation of the Senate Hearing on SB 175.
Source: Adapted from information in Texas legislative website http://www.legis.state.tx.us/billlookup/BillStages.aspx?LegSess=81R&Bill=SB175
We connected our analysis of the debate about SB 175 with critical discourse analysis. Fairclough (1995/2010) maintains that critical discourse analysis is distinct from discourse analysis that is not critically oriented in that it: (a) analyzes relationships between discourse and other elements of the social process, (b) includes systematic analysis of texts/policy debate, and (c) is not only descriptive but also normative (having to do with addressing social wrongs). In what follows, we describe in more detail our analysis process, connected to each of these three points.
We each analyzed the data separately before comparing our codes within the research team. This was in an effort to create a peer-debriefing or peer-reviewing process (Carspecken, 1996) whereby we could help to validate the findings that emerged from the data. Drawing from the general analysis practices of critical discourse analysis (Fairclough, 1995/2010) and critical ethnography (Carspecken, 1996), 4 we proceeded to code the transcript using three stages of analysis in order to provide a systematic analysis of the text (Point 2, systematic analysis). First, we coded statements with a low-level code (Carspecken, 1996; Patton, 2001), a 2- to 3-word statement used to capture what was said in a sentence or paragraph. Typically these codes were selected based on the words used by the policy stakeholder so that these low-level codes closely aligned to the transcript.
After this more explicit form of analysis, we identified an analytic question from the transcript (Neumann, 2009): How does this policy stakeholder implicitly or explicitly describe the issue of race as it relates to college access in Texas? This question emerged from our initial analysis of the low-level codes; many of these codes related to race in some way. This also allowed us to grapple with the way that the debate connected with the ideology of race, the implications for points in the discourse where race was avoided, or the normative aspects of the debate (Points 1, discourse and the social process, and 3, normative issues). Finally, our third stage of analysis took into account both the low-level codes and the codes related to our analytic question. Then we analyzed the transcript, placing a high-level code (Carspecken, 1996) next to the other two stages of codes. This high-level code was very high inference, meaning that it was something within the statement that was very implicit or subtle as a way to capture larger social issues and also normative issues in the debate (Points 1 and 3). We only used a high-level code if we could directly link it to low-level codes or the race (analytic question) codes. These high-level codes allowed us to analyze the implicit and explicit references to race. We transferred all manual codes into Atlas TI, a code-based theory-building software program so that we could compare our codes and identify any discrepancies in our findings. Then, we clustered our codes to formulate themes (Miles & Huberman, 1994).
We employed CRT as a theoretical guide in the following ways in our analysis and interpretation of the data, also connecting with the tenants of critical discourse analysis that have to do with normative analysis and a connection with larger social issues (Points 1 and 3): (a) When conducting our analysis, we examined the discourse for any discussion that was explicitly about race and analyzed these references (e.g., mentioning particular racial/ethnic groups, use of the words “race,” “racism,” or “discrimination”), (b) when race was not explicitly mentioned, we analyzed the discourse for implicit references to race (e.g., words like “diversity,” “diversifying,” or “multicultural”), and (c) if race was completely absent from the conversation, we analyzed these silences and examined the data for potential reasons for this absence (e.g., references to socioeconomic status or geographic location of students, discussion about holistic admissions processes that did not deal directly with race).
After the full analysis was complete, we returned to the combined critical discourse analysis (Fairclough, 1995/2010) and CRT (Delgado & Stefanic, 2001) theoretical perspectives and examined our interpretation and findings alongside these theoretical ideas. For example, we considered both the stated and implicitly assumed connections to race. To get at some of the implicit ways that race was evoked, we analyzed the silences or absences in the discourse about SB 175. Analysis of silences or absences within texts or discourses connects well with CRT where silence about race may imply that race/racism is being referenced (Delgado & Stefanice, 2001), and critical discourse analysis where comparisons between absence and presence of concepts in discourse may reveal ideologies or generally implicit assumptions (Fairclough, 1995/2010). In this case, we were concerned with the ideology of race or the norms that were implied about racial classifications related to college admissions. In addition, in our conversations about the analysis, we asked ourselves questions about why we opted to highlight or exclude racial issues within our interpretation as a way to offer validation to our analysis and to reflect on our own silence/absence of race.
To ensure the credibility of the findings through multiple validation techniques, we (a) checked for representativeness within the data through ongoing examination of narratives and emerging themes, (b) triangulated the analysis through multiple stages of data analysis (low-level coding, analytic question codes dealing with merit, and high-level coding), (c) conducted peer review of findings by first analyzing data separately and then comparing our analysis for similarities and differences, and (d) searched for negative evidence or data that opposed emergent findings and reanalyzed this data (Miles & Huberman, 1994; Patton, 2001).
Findings: The Disappearance of Race in Policy-Making Discourse
As the elected officials and various witnesses in the Senate hearing debated proposed changes to the Plan that were outlined in Senate Bill 175, there was an underlying discussion of what constitutes a race-neutral policy. The debate was about whether to leave the Plan the same, where students in the top 10% of their high school graduating class would be guaranteed admission to a University of Texas institution (implying that up to 100% of an entering freshman class could be Top Ten Percent students) or to change the Plan so that only a minimum of 75% of an entering freshman college class would have to be Top Ten Percent students. 5 Ultimately, the discourse about this decision revealed that as policy stakeholders discussed a race-neutral policy, their discourse also became race neutral or largely absent of explicit racial references. This does not mean that higher education is racially equitable as evidenced by multiple references to continued social inequalities in this discourse.
There were two types of discourse in the hearing. The first was structured as a debate between elected officials, the Texas senators. The second type of discourse was represented by testimonies given by various stakeholders such as students or administrators from Texas colleges and universities. The difference between these two types of discourse is noteworthy because the witnesses who gave testimony generally did not have a chance for rebuttal or to debate their points; they simply were given the opportunity to read a particular statement or stance. On the contrary, the Texas Senators were allowed the opportunity to ask witnesses follow-up questions and to debate the points made by the testimony as they discussed what to ultimately do about the policy. This links to Fairclough’s (1992/2003, 1995/2010) argument that it is not only what is said that should be analyzed to understand the meaning of discourse but also the relationships and power associated with those relationships.
There were two themes that emerged from the analysis of this discourse. Each of these themes represents a claim that was made by the policy stakeholders in their discourse.
Performance-based policy promotes race-inclusive access (or competition) to college: The first claim was an argument that performance-based policy (based on class rank) would promote opportunities for students to compete for admission to college (Killgore, 2009). Essentially this implied that although the college admissions policy in the state of Texas was race neutral, all students, including racially underrepresented students, were “eligible” to compete. This claim assumed that all students had access to equal opportunities in primary and secondary education.
Broadening performance indicators beyond race and rank promotes real inclusion: The second claim was about the use of more “holistic” admissions criteria beyond class rank or test scores. In this case, these holistic criteria were defined as special skills or abilities (e.g., musical talent, academic interests, being a good debater, etc.). These skills or abilities were performance based. Diversity emerged as being linked to special skills or abilities (e.g., diversity of interests, talents, skills).
Performance-Based Policy Promotes Race-Inclusive Access (or Competition) to College
Race was a contentious issue in the inception of the Plan. Reflecting on the reason that the Plan was framed as a race-neutral policy, Senator Duncan, a White male Republican in support of SB 175 recalled: “I remember this bill was a response to Hopwood and general interpretation of Hopwood as being very strict, prohibiting any race-based criteria in everything. So, I remember we responded to that with this law.” Duncan recalled the Hopwood court decision that banned race from the admissions process underscoring the perceived need to craft a college admissions policy that did not consider race. Senator Shapiro, a White female Republican and the primary author of SB 175 that would change the Plan added, “And I thought it was a good response quite frankly. Then shortly after we based this law on that [Hopwood] decision, at least the principle underlying that decision, was overturned by the U.S. Supreme Court.” Shapiro suggested that the 2003 affirmative action decision in the Supreme Court case, Grutter v. Bollinger (related to college admissions in Michigan) made the initial impetus for the Plan less relevant since race could now be considered in college admissions.
Senator West, an African American male Democrat who was opposed to SB 175, emphasized that the Plan was optimal because the focus was on student performance among peers, “. . . the reality is that the top 10% law that we put into effect is race-neutral, and it judges a child based on the circumstances that a student finds themselves in when they graduate from high school.” Thus, student performance within a particular school context, rather than demographic characteristics, became the dominant narrative used to discuss whether students are worthy of college admission. Rather than race, West maintained, the Plan judges a student on the “circumstances” he or she is in during high school, referring to grade point average (GPA) and class rank upon which the Plan was focused. The use of the word “circumstances” could also allude to race-based public school inequalities, although West does not make that explicit at this point in the debate.
Propelling away from the word “circumstances,” which might evoke thoughts of inequalities in the schools, Senator Shapiro became more explicit about what is emphasized in this college admissions policy, “Performance. So if that student performs, what this Top Ten Percent law enables that student to do if they have the knowledge and the understanding and the resources available, is to determine what state supported institution to go to.” The use of the word “performance,” measured by GPA and class rank, emphasizes students’ individual responsibility to do well in high school in order to merit admission to college. As Shapiro turns the discourse away from the word “circumstances” toward the word “performance,” one interpretation is that she was making a bid for race neutrality in the dialogue. Shapiro implicitly assumes an equal playing field in her statement; that is, all students will have the ability and opportunity to perform regardless of their background of their secondary school. Performance could be in place of consideration of other factors (e.g., race, gender, inequalities). The word “circumstances” used by Senator West, on the other hand, could invoke primary and secondary school inequality, which is difficult to divorce from racial inequality. But Shapiro’s switch to the word “performance” focuses on individual responsibility instead, moving the conversation in a more race-neutral direction.
Senators West and Shapiro debated the utility of SAT scores and class rank as ways for students to compete for college admissions. Senator West offered his insight into his view on standardized testing: This is not an issue concerning the ability of top ten percent students to matriculate through the university in a timely fashion and to do the work because overall the grade point average of top ten percent students regardless of SAT scores, standardized test scores, continue to be higher. . . . Even though the non-top ten percent students in many instances over the years have a higher SAT score, the grade point average of the top ten percent students is higher than the non-top ten percent students. So that kind of tells us a little bit about those standardized scores.
This statement appears to call into question the utility of standardized test scores in predicting college achievement. Instead, Senator West is favoring student performance among high school peers (class rank) as a better tool to promote diversity in college admissions.
Senator Shapiro agreed, “That’s correct but those students are not in the top ten percent, their [SAT] scores are higher than those in the top ten percent. But they are not using those SAT scores.” Shapiro paraphrased West’s sentiment that the use of SAT scores and class ranks in college admissions decisions may not result in admission of the same students to college. If West’s assumption was that the Plan fostered the admission of more students of color, Shapiro appears to be questioning if those students are the most deserving of admission.
There was some disagreement in the testimonies from the Texas Senate hearing on the role that the Plan has played in increasing or maintaining racial diversity efforts in Texas colleges and universities. Reflecting on the outcome of the Plan, Senator Shapiro noted, “. . . . I don’t believe the Top Percent has caused the most diversity ever. I think the days have changed. I think the world has changed. I think the issues have changed. I think there are more students that are prepared to go to the University of Texas today than there were decades ago.” Senator Shapiro implied that The Plan and other diversity initiatives like affirmative action are less necessary because all students have more opportunities to compete for college admissions. However, the word “prepared” is significant in that it implies that in the past students may not have been prepared. Given that race-based admissions policies were used in the past, this also becomes a claim that race-neutral, performance-based policies lead to more prepared students. This line of argument places the responsibility for college admissions on the individual student to be “prepared” while also assuming that all students have equal opportunities to prepare.
Senator West considered his own conclusions relative to the racial outcomes of the Plan, “. . . based on the statistics that most of the ethnic minority students that are getting in, a significant number are getting in as a result of the Top Ten Percent.” West’s rebuttal to Shapiro’s statement about diversity suggested that the Plan had increased racial diversity in Texas postsecondary institutions. West is arguing that Top Ten Percent might be crucial to the inclusion of students of color in college, that the race-neutral policy has fostered diversity on campuses.
University of Texas alum, John Adkins, a White male and national president of Texas Exes in 2005 and 2006, contemplated the idea of competition for the “best and the brightest” in his testimony supporting changes to the Plan: I’m in favor of Senate Bill 175. I began volunteering for the UT Alumni in 1977. . . . I think it’s important to note that UT Alumni can really be involved in this process of diversifying our student body and bringing the best and brightest students from all across the world by giving them money for scholarships which we do and by recruiting those kids, especially minority kids. The one’s that I went to look for were the kids that were in the top quarter of their class but had very strong SAT scores and were eligible for free money through the national achievement scholarship, very similar to the national merit scholarship program.
Adkins defined the “best and the brightest” students in the “top quarter of their class” with “strong SAT scores,” deemphasizing race as a factor in admissions decisions. He still maintained the importance of racial diversity, asserting that diversification efforts could be achieved without race being a pivotal part of the admissions policy. Adkins’ testimony reinforces the race neutrality of the Plan, focusing instead on measurable factors for admissions such as test scores and class rank. This is also a claim that students of color are some of the “best and the brightest” students.
Looking to the future, some of the discussion centered on whether to change the Plan, allowing a cap of 50% of students admitted based on class rank, particularly at UT-Austin (rather than the entire freshman class). 6 For instance, Senator Patrick, a White male Republican who was in favor of SB 175, noted, “The fact that we would reduce the cap to 50% . . . does not mean that University of Texas would not still select those Hispanic or African American students who are already there under the top ten percent. Those students are still going to be eligible.” By “eligible,” Senator Patrick implied that students of color could compete for admissions through class rank. Patrick’s statement indicates that changes to SB 175 do not explicitly exclude students based on race, underscoring the notion of race neutrality in the Plan. Also, Patrick may have been alluding to the way that institutions did have the option to use race-based admissions at this time based on the 2003 Grutter ruling. Ultimately, this is a reference to equal opportunity or the idea that all students have the opportunity to compete for college admissions, regardless of their racial background.
Senator Shapiro contemplated geographic diversity relative to changes to the Plan, considering students from rural geographic areas, “. . . I don’t think a kid that goes to a rural school is at a disadvantage necessarily from being able to compete to get in on his own merit not just the top ten percent.” She advocated for changes to the Plan because, in her estimation, rural students are able to successfully compete for college admission with or without the Plan. The notion of all students being able to compete for college admission regardless of their social position is a claim to equal opportunity (i.e., everyone has the opportunity to compete). This claim also underscores a race-neutral argument, that race is not as important as individual opportunity to compete on an equal playing field. Shapiro’s statement connected to another aspect of the discourse in the Senate hearing, the relationship between K-12 educational contexts and college access.
Senator Shapiro maintained, “Top 10% in one part of the state is very different than the top 10% in another part. The top 10% in the Dallas Independent School District should not even begin to be compared to the top 10% in Brazoria.” In an effort to make her case for why using class rank as the only admissions criteria might be ineffective, supporting her SB 175 legislation to change the Plan, she suggested that high schools are not equal in terms of their competitiveness. That is, some students may have to fight harder for their rank than others. Since, Shapiro was in favor of a performance-based (race-neutral) admissions policy, this aspect of her discourse was likely an attempt to explain why college admissions criteria should include more than class rank rather than an intentional appeal to focus on K-12 school inequality. Senator West responded: I’ve heard this debate about whether one school is better than another. I’m not saying that you are saying that, but that’s part of the debate. But the reality is that a student has really no choice of what school district they find themselves in and they have no choice in terms of what school they find themselves in. They can only perform. They have a choice in terms of performance.
West’s statement suggests that students may not have a choice of the quality of their high schools, but they can choose to compete, to perform well academically regardless of their social location (race, class, gender, geographic location). This effectively makes primary and secondary school inequality seem less important than a students’ ability to compete. West, who was against SB 175, may also be trying to convince other Senators that changes to the Plan may actually be detrimental to students in lower-quality schools who would have gained admissions as students in the top 10% of their classes but who would not gain admissions using other measurements (e.g., test scores, etc.).
Adding nuance to the differences in primary or secondary education, Senator Duncan reflected: If I’m in a school, say, in Plano or Lubbock, or wherever it is, and I want to go to the University of Texas, well, I’m going to take the path of least resistance. Because if you’re in an IB [International Baccalaureate] program, or if you have the opportunity to take very advanced courses that actually prepare you to be in college, and to succeed in a university like the University of Texas, you put yourself at a disadvantage in getting admitted, because you’re in a more highly competitive environment. I think of the magnet programs we have around the state that I think have been successful in helping with desegregation and other things. The magnet programs, if you were to go into a highly competitive program, you’re actually hurting yourself in your ability to get into the University of Texas, or A&M, even.
Senator Duncan, in favor of changes to SB 175, underscored the potential for an unintended consequence from the initial Plan. In this case, students in highly competitive high schools might actually opt not to take more advanced courses or programs so that they could preserve their ability to stay in the top 10% of their class. The inference is that the Plan hurts high-achieving students. But this also raises the issue of differences in opportunities at the primary and secondary school levels. Shapiro concurred: To be honest with you Senator Duncan, I have heard this time and time again. Parents telling their children that if you really want to go to the University of Texas or others. You shouldn’t be in that AP [Advanced Placement] program. You shouldn’t be in that IB program because that’s not going to help you with that Top Ten Percent and they are doing that. And some are even leaving school districts so they can stay in the top 10% in other school districts. It happens all the time.
Building on Senator Duncan’s point, Senator Shapiro suggested that parents might take measures such as moving to a less competitive school district to ensure their child’s access to a preferred college. Shapiro argued that moving away from a strict focus on class rank will resolve concerns about variances in school competiveness. Within her statement is an example of social privilege where some students might have the resources to move to another school district. 7
Senator Patrick, who was in favor of SB 175, continued, “And I heard Senator West say that some students, when you compare school districts, have no choice of where they go . . .” Patrick is reiterating that some students, those with financial resources to do so, actually are choosing their schools in order to facilitate their rise to the top 10% of their high school graduating classes. Other students, likely those from lower socioeconomic backgrounds, do not have this choice. Hence, by changing the Plan so that more factors than class rank can be considered may help to alleviate some inequalities, per this line of argumentation.
A University of Texas student and representative of the University of Texas Latino Leadership Council, Jesus Guerrera, summarized his view of secondary school inequalities: I am from the Rio Grande Valley. My school cannot compare to anything maybe upstate, or even upper Austin, Round Rock. We have a computer lab that consists of three computers for the whole campus. That cannot be compared to anybody that has maybe five computer labs. So, Texas education is not equal. And Top 10% does allow for everyone to be taken into consideration, where it is an equal playing field for everybody.
Unlike Shapiro and Patrick’s points, Guerrera’s argument is that the Plan equals the playing field, making the college admissions process fairer. His awareness of unequal access to educational opportunities in Texas is further demonstrated by his opposition to the changes in the Plan: If you get rid of the top 10%, you’re getting rid of the students from border cities, like Laredo, Rio Grande Valley, and El Paso, and also other low-income areas. You’re also getting rid of students from high schools that couldn’t afford that updated textbook, or students that couldn’t go on that field trip to the university to check it out and see what it’s really like, what a real university is like. Or the students who didn’t have qualified counselors. Getting rid of top ten percent is getting rid of future leaders or those where top ten percent is the only option they really have of getting into a university like Texas and getting a top notch education.
Guerrera’s testimony suggested that although the initial Plan was not perfect, it still might allow more access to college for students in low-income or border city areas in the state because at least those students in the top decile of their high school class would be guaranteed admissions into a Texas college or university. Although Guerrera did not refer explicitly to race in his statement, there are likely many students of color in border city areas who he referenced. Thus, these arguments largely suggest that race-inclusive access can be attained through performance, regardless of primary and secondary education inequalities. It is these arguments that lead to our next theme, which emphasize the next claim that true inclusion means expanding performance indicators beyond race and rank.
Broadening Performance Indicators Beyond Race and Rank Promotes Real Inclusion
Although class rank was the initial performance indicator for the Plan, some of the policy stakeholders contemplated other ways that performance could be measured in college admissions policies. Most of the stakeholders discussing other indicators were educators and college alumni making a claim for increased diversity on college campuses. The diversity would stem from a more “holistic” admissions process that included special skills and abilities such as musical talent, athletic ability, or an interest in a particular academic discipline.
The 2003 U.S. Supreme Court case, Grutter v. Bollinger, upheld that among many other factors, race and ethnicity could be considered in the college admissions process. This decision, in turn, has been interpreted by college admissions to allow for a more holistic admissions process and ensure a more diverse campus. In light of the Grutter case, which was the primary legal ruling relative to race-based college admissions at the time, Chancellor Cigarroa, a Mexican American male, expressed in his testimony that the unintended consequence of the uniform GPA criterion in the Plan continues to be problematic: UT-Austin will soon face the prospect of having every single one its incoming Texas freshman being selected based on a single criterion, their standing in the top 10% of their graduating high school class. For each of those students attaining that academic success is a remarkable achievement. But to rely on a single criterion for every Texas freshman will deprive UT-Austin of the opportunity it needs to build a class that fully represents the diversity of Texas. At all levels including diversity attributes, diversity seen in the award winning debater or the accomplished guitarist or an aspiring architect or the young woman or man who has overcome significant struggles.
Chancellor Cigarroa argued that the single criterion for admissions disallowed the diversification of UT-Austin. Race is not centrally included in Cigarroa’s definition of “diversity.” The word “adversity” could be a code word for students of color or low-income students, but this was not made explicit. Instead, diversity is linked to performance indicators such as skills and special abilities (i.e., diversity of abilities is meritorious). Thus, diversity becomes performance based, that is, level of diversity measured based on student’s demonstrating diverse skills or abilities, rather than rooted in racial and social backgrounds.
Continuing to emphasize his point to move beyond a single admission criterion, Chancellor Cigarroa used his personal experience as an incoming medical student: This law might well have deprived me of being admitted into medical school, if medical school admissions processes had top 10%. You see, when I left Laredo public schools, and went to Yale, I challenged myself to a degree that I never thought I’d be challenged at. I thought I was well-prepared, but those first two years at Yale were very difficult for me. I did not get straight A’s. But I saw continual improvement. In my third year I started getting B+’s, in my senior year I got straight A’s. But luckily, the admissions committee at Southwestern Medical School saw continual improvement, saw that I overcame challenges, saw that I was a guitarist, and admitted me. If it wasn’t for that decision, all of the wonderful opportunities the great state of Texas has given me would not have been possible.
By using his experience, Cigarroa argues that the Plan is limiting because it overlooks non–Top Ten Percent students who manifest their talents in multiple ways. For instance, Cigarroa mentioned his talent for guitar as part of the criteria that were considered for his admission to medical school, suggesting that special skills or abilities should be included in a holistic notion of merit. Here, overcoming adversity seems to be linked to improving academic standing over time.
Building upon Chancellor Cigarroa’s testament to reconsider changes to the Plan, Bill Powers, a White male and president of UT-Austin, stated in his testimony that keeping with the Plan would have also grave effects on particular academic departments: Top 10% students don’t enroll in sufficient numbers in some very critical areas of our campus, including electrical engineering, geosciences, architecture, and music. We’ve had to use virtually all of our non-top 10% admits to fill those programs on our campus. We’re simply out of space. And it does not enable us then to admit the 12% student, who won the state math contest, who is likely the PhD, maybe future Nobel Prize winner in mathematics. Or the oboe student, who is in the top 12%, top 15%, who may be the virtuoso oboe player. We simply have totally run out of room to admit those students.
President Powers implied that diversity should focus on particular academic abilities or talents. Rather than only class rank or test scores that might predict potential, Powers highlighted students’ demonstrated abilities or skills (e.g., musical ability, talent in math, etc.). He voiced a concern that particular academic disciplines are not popular among many of the Top Ten Percent students. As a result, UT has had to admit non–Top Ten Percent students to admit into those programs. Powers also shared that the problem is a capacity issue that there is not enough space to admit many students who were not in the top 10% of their high school classes despite the fact that they may have exceptional potential. Underlying his argument to change the Plan is a bid to define diversity as connected to interests, skills, and abilities.
Bill Powers advocated for SB 175, which would change the Plan to allow UT-Austin in particular to admit up to 50% (although the policy ultimately landed on a 75% rule) of the entering class from the top 10% of their high schools and the other half of the freshman class could be admitted with other criteria. He asserted the change would allow for students with a larger “indicia of success” and have a more ethnically diverse incoming class: And I firmly believe, having a top 10% rule that is limited to half of our class will help our diversity. That will give us a lot of flexibility to take the ethnicity into account. If our entire class comes in under the top 10%, it will inhibit our ability to identify that 12% Hispanic or African-American student who have other tremendous indicia of success, and go out and recruit. It will hinder our efforts at increasing diversity.
Here Powers includes ethnicity in his consideration of “diversity,” claiming that a change to the Plan would allow more discretion to conduct race-based admissions under the legal precedence set by the 2003 Grutter case, which was law at the time. Powers continued: We have discussions about how they ought to live their life, we tell them, first, do well in school. It is terribly important. Do your homework. We also tell them to get involved. Get involved in the band . . . get involved in your religious organization, get involved in the community. We tell them that those are the important things to do in life. And they get to 17 years old, and we make chumps of them. There’s one thing they want, to come to the University of Texas at Austin. And we tell them, not only weren’t those good choices to make, they don’t count at all. That is a terrible message to send to the young people in the state, whether they are coming to the University of Texas at Austin or not.
Powers maintained that students in the state are given conflicting messages. They are initially told that to do well in school and that they should get involved. Yet when they are ready for the college application process, only their class rank is important. Powers’ argument is that continuing to use the Plan, which uses a single criterion of class rank, is doing an injustice to the students who should be encouraged to develop skills, talents, or abilities.
This point that students received contradictory messages about how to be successful was further reinforced by the concerns from students’ testimonies. High school students such as Ian Sire and Keshav Rajagopalan argued that the Plan is sending a wrong message by only using a single criterion for admission. Keshav Rajagopalan asked in his testimony, “If they are taught their entire life to be well rounded—join clubs, play sports, be on the debate team, write for the newspaper and they get to their senior year and they find out all that matters was one criterion?” Ian Sire, in agreement, shared in his testimony: It takes away from my motivation to do things that aren’t simply school work. So it really shifts focus away from having extracurriculars, having well-rounded students who, simply, getting that homework done, and spending all your time studying for that test, and so that I think that capping it, not eliminating the 10% rule, but capping it at 50%, allows a greater amount of students to be holistically reviewed.
Both students voiced frustration about the devaluing of extracurricular activities within the Plan. These students claimed that the Plan gives conflicting messages about what it means to be well rounded, potentially leading them to be less motivated to do well in school. Sire’s argument for the need to be measured holistically implies that diversity on campus could be fostered through including criteria for extracurricular activities, special talents, or abilities. Race was not part of his notion of a “holistic” college admissions process.
Senator Patrick continued to tease out the way that changes to the Plan might influence diversity on campus, “So at the end of the day, ethnicity would be a factor . . . it sounds to me that if all things are equal between a couple of students, a minority student may actually have a slight edge.” According to Patrick, not only would ethnicity be one of many factors considered in admissions, but it would actually offer a “slight edge” to students of color. Patrick implied with his statement that changing the Plan (through passing SB 175) could be a return to race-based admissions processes even though race was not explicit in the policy revisions. Bill Powers replied, “Well, the oboe player will have an edge, the student body president will have an edge, the person with high grades will have an edge, and a student that is reflecting the diversity of the state will have an edge. . . .” Powers argued in his statement that race could be considered as one of many factors, including leadership abilities, academic achievement, and special talents. In this exchange, both parties are moving toward attempting to understand what it might mean to think more holistically about the admissions process. Race is ultimately downplayed as a factor in the admissions decision-making process. In addition, it is worth noting that the only reason this exchange occurred is because Senator Patrick initiated it by interrupting during Powers’ testimony; Powers did not have the power to initiate this debate or exchange.
Discussion
There is overwhelming evidence that the Plan has not functioned as an adequate replacement for race-based affirmative action in promoting racially inclusive college campuses (Long, 2004b, 2007). Yet there is very little work that considers the policy decision-making process that led to revisions to the policy or the nuances of the debate about race and college admissions more generally. Given that the policy was intended to serve as an alternative to affirmative action, it is important to evaluate how issues like racial inequality and diversity are framed in the discourse about the policy because it directly connects with who will gain admission to college. We addressed these gaps by examining the decision-making discourse about SB 175 in 2009 that ultimately led to the revised Texas Top Ten Percent policy. The revised policy maintains that 75% of the entering freshman class would gain admission through the single criterion of class rank and the remaining 25% could be admitted through various criteria such as special talents, abilities, or other characteristics. Unless the Fisher v. University of Texas case rules in favor of Fisher (which would likely make affirmative action illegal), this leaves a crack in the door for the use of affirmative action or race-based admissions decisions as “other characteristics,” but there is no guarantee as to if or how it would be used.
Three important points emerged from the analysis of this discourse: (a) Race was almost never referenced directly in the policy discourse, effectively disappearing from the dialogue about college admissions decisions; (b) the focus of the discourse was on students’ ability to compete for college admissions opportunities via performance in terms of class ranks, special skills, or abilities, falsely assuming an equal playing field; and (c) social inequalities, including primary and secondary school inequalities, were disguised under the mask of individual opportunity. Ultimately, as policy stakeholders discussed a race-neutral policy, the discourse about larger social inequalities also became race neutral, potentially working to conceal or even to perpetuate these inequalities.
Although the Plan was intended to replace affirmative action as a policy aimed at fostering diversity in college admissions, race effectively disappeared from the discourse related to the policy aside from oblique references to “adversity” or “circumstances.” Chancellor Cigarroa, for example, made a reference to “adversity” but still did not directly discuss racial inequality. President Powers and Senator Patrick discussed whether race would be a factor or criterion in a holistic admissions process, but they ultimately downplayed the use of race. Other senators used words like “circumstances” or “rural” to indicate students who are historically underrepresented at UT-Austin, with only a rare mention of racial/ethnic categories. Alternatively, words focusing on “wealth” and students in “advanced courses” were used to denote more deserving students being hurt by the Plan. Given national trends related to the demographics of students who enroll in advanced placement courses, these students are more likely to be White (Bowen & Bok, 1998).
The disappearance of race from the policy-making discourse means that policy may no longer work to solve racial inequities. In her book, Colormute, presenting findings of an ethnographic study of racial dialogue in school, Pollock (2004) reveals the way that the omission of race from discourse can be both confusing and harmful to the project of finding solutions for continued racial inequalities, particularly in education. But the failure to name the problem of racial inequality as having to do with race leads to much larger social pathologies such as continued racial inequalities in housing, schooling, and long-term social and economic advancement (Feagin, 2006; Oliver & Shapiro, 2006; Shapiro, 2004). “Colorblind” discourse may really conceal “colorblind racism”—where racism and racial inequality are implicated in the discourse and persist without being recognized (Bonilla-Silva, 2006). Thus, within the policy debate, this shift may not mean racial inequality has disappeared so much as the discussion of it has gone underground, making racial injustice that much more insidious.
Instead of racial inequality, which would highlight structural inequalities affecting particular groups, the SB 175 policy maker discourse about the Plan emphasized individual opportunities to compete for college admissions (i.e., equal opportunity) and, in doing so, it is divorced from educational inequity (i.e., that the playing field is still not level). Thus, the focus of the discourse emphasized individuals over sociostructural inequalities. Despite the policy stakeholders’ tendency to speak in colorblind terms, the subtext of much of the discourse had racial implications. The discourse on performance, for example, may tend to bend toward the needs of those who have been privileged historically (e.g., White, wealthy), leaving those who have been historically disadvantaged (e.g., African American, Latino, low income) virtually absent from the discourse (also see, Baez, 2006; Pallais & Turner, 2007). Senator Duncan referred to Plano, Texas, a very wealthy community, as a place where students are harmed by the Plan. According to him, students in that type of community have the opportunity to take advanced courses “that actually prepare you to be in college.” What is implied by this statement is that students who do not have the opportunity to take advanced courses (e.g., underresourced schools) are not prepared for college, especially admission to UT-Austin. Yet many students do not have access to advanced placement courses.
Although the political elites highlighted individual responsibility to compete, diversity was defined by many of the stakeholders (educators, students, and higher education administrators in particular) as occurring through holistic college admissions decisions, including such talents as musical ability, debating skills, or an academic interest in particular disciplines. This kind of diversity would not necessarily supplant the goals of affirmative action. Educators, students, and higher education administrators generally maintained the importance of making admissions decisions that were inclusive of leadership and talents alongside class rank. The way that diversity was framed signifies a shift in what holistic college admissions processes might entail. The idea of holistic college admissions under affirmative action was associated with performance and other characteristics such as one’s social location (i.e., class, race, gender, prior experiences in primary/secondary schooling). By disassociating the notion of diversity within college admissions policy from the legacy of racial inequality, policy stakeholders attempted to represent individual opportunity to compete for college admissions as objective, fair, equal, and dependent on individual effort; students have the opportunity to compete for college admissions through their performance in high school. There is an assumption of a level-playing field where all students are equally able to compete regardless of their opportunities in primary and secondary schooling.
In avoiding dialogue about present-day inequities like the perpetuation of racial segregation in Texas secondary schools, the policy stakeholders also did not address why the Plan or race-sensitive admissions practices were enacted in the first place. The initial assumption of the Plan was that since there was a high level of racial segregation in Texas secondary schools, admitting students from the top 10% of each of these schools would guarantee diversity efforts on college campuses (Tienda & Niu, 2006a, 2006b). If a student is unable to perform or to compete for college admissions, the cause is often credited to something internal to the group rather than to inequalities in K-12 schooling or in the larger society. This could be akin to telling students that “. . . the disadvantages [they] suffer must be caused by [their] deficiencies” (Bell, 2004, p. 167). As race disappears from the policy discourse, accountability for inequalities in primary and secondary schooling also dissolves.
Future work should consider the ways that institutions are (and are not) held accountable for diversity efforts in the age of “race-neutral” college admissions policy. What happens to those students who experience racial inequalities in K-12 schooling if college admissions policy, and subsequent college admissions decisions, become sanitized of any mention of larger social inequities? The findings suggest that if leading higher education institutions are truly committed to realizing and sustaining racially diverse campuses, they may need to reconsider the assumptions that drive normative conceptions of merit. If higher education institutions take the lead in reformulating merit, then public discourse could include more sociohistorically bound discourse about the intersection of race, merit, and power.
After the changes to the Texas Top Ten Percent Plan were initiated in the passing of SB 175, there is essentially no policy to promote or ensure racial diversity on college campuses in Texas. Unless politicians, educators, and the general public are willing to recognize how race is associated with the acquisition of social resources (see Bonilla-Silva, 2010; Brown et al., 2003; Oliver & Shapiro, 2006; Thompson & Tobias, 2000), educational inequities will continue to exist, yet it will effectively disappear from college admissions decisions in Texas. In turn, racial diversity within Texas institutions may eventually begin to disappear too.
Footnotes
Acknowledgements
We are grateful to all of the participants in the ASHE Critical Policy Institute on Qualitative Research for initiating and supporting our interest in this work. We also wish to thank Anna Neumann, Aaron Pallas, Debora Hinderliter Ortloff, and Mike Wagner for reviewing earlier drafts of the manuscript. All errors remain our own.
Declaration of Conflicting Interests
The authors declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.
Funding
The authors received no financial support for the research, authorship, and/or publication of this article.
