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Implementing Revisions to Admissions and Financial
Aid Policies
In the wake of the U.S. Supreme Court decision in
Grutter v. Bollinger in late June 2003, institutions of higher
education in Texas have been reviewing admissions policies to determine
best practices for the use of race and ethnicity as factors when
admissions decisions are made based upon an individualized and holistic
review of applicants. Grutter recognized that universities
may consider race and ethnicity as part of such reviews when using
a broad range of factors considered as part of an individualized
and holistic admissions process.
In the University of Texas System, component institutions worked
with U.T. System to review the legal analysis of the case and to
develop recommendations for consideration by the U.T. System Board
of Regents. In August 2003, the Board authorized each component
to tailor its admissions policies to meet its needs by following
the guidelines set out by the U.S. Supreme Court in the Grutter
case (see
Board motion). The University of Texas at Austin, as well as
other components, has been actively working on revised policies
with the hope that the revisions could be implemented for admissions
decisions for the 2004 entering classes. Work continues on policy
modifications.
With respect to changes in admissions policies, there are two State
statutes that require one year's notice to the public prior to considering
a modified set of factors when making admissions decisions. Section
51.805(d), Texas Education Code, provides that: "Not
later than one year before the date that applications for admission
(of freshmen) are first considered under this section, each general
academic teaching institution shall publish in the institution's
catalog a description of the factors considered by the institution
in making admissions decisions and shall make the information available
to the public." Section 51.822(d) places a similar requirement
on admissions and competitive scholarship decisions for graduate
and professional programs. This section also has an exception, providing
a shorter notice requirement for the first year of the statute's
operation, thus implying that the general requirement of a year's
notice applies not to the first admissions under the statute, but
to subsequent changes in admissions policy.
Some component institutions have already begun considering applications
for the class entering in 2004, and others will begin considering
applications in the ensuing weeks and months. Notice for a change
in consideration of these applications had to be given a year ago,
in 2002, before the change in federal law. Unless the public policy
makers in Texas take action to change these notice requirements
in the short term, the use of race and ethnicity as factors in decisions
for freshmen, graduate, and professional admissions and for graduate
and professional competitive scholarships cannot be implemented
any earlier than the 2005 entering classes. The leadership of The
University of Texas System and its components are ready to work
with the State leadership and policy makers to achieve the best
outcome for all Texans.
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