The Top 10% Law
and its impact on The University of Texas at Austin
Executive Summary
The purpose of this report is to provide information about the Top 10% Law and its impact on
admissions at The University of Texas at Austin.
• More students apply to UT than can be accommodated—with or without the Top 10% Law.
In fall 2008 there were more than 29,500 applications for a freshman class with a capacity
of about 6,800.
• While Top 10% students on average earn slightly higher grades at UT than non-Top 10%
students, the performance is not uniform throughout the Top 10%. Those students in the
6th through the 10th percentile of their high school graduating class earn on average a
grade point average equal to students in the 11th through the 20th percentile.
• Since the implementation of the Top 10% Law, there has been no significant change in the
percentage of UT students from school districts classified as “rural” or “non-metropolitan” by
the Texas Education Agency.
• If current trends persist, in 2009 all Texas students enrolling in the fall will be Top 10%
graduates and some Top 10% students will be forced to enroll in the summer. By 2013, UT
will be forced to reject all graduates of Texas high schools who are not in the Top 10%.
A Report on Admissions and the Top 10% Law
BACKGROUND ON Top 10%
The growth of the state’s population and the attractive academic opportunities at The University
of Texas at Austin have combined to make admission to the University very selective. The Top
10% Law, which requires state universities to automatically admit Texas high school students
who graduate in the top 10% of their class, has made admissions at UT even more complex. This
paper presents facts about the law and its impact on students and their families.
History
The Top 10% Law (originally styled “Texas House Bill 588”) was passed in 1997 and went into
effect the following year. The law was a response to the Hopwood decision, in which the U.S.
Court of Appeals for the Fifth Circuit prohibited public universities from using a student’s racial
or ethnic background as a consideration in admissions decisions. This report is based on data that
have been collected from 1998 to 2008.
By 2015, more than 30,000 Texas top 10% graduates will be guaranteed admission to UT’s freshman
class of about 6,800. (Includes public and private
schools.)
Source: Western Interstate Commission of
Higher Education, 2008, actual and projected.
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The Admissions Landscape
Many more students apply to UT than can be accommodated in the freshman class—with or
without the Top 10% Law.
Fall 2008 Applications
Fall 2008 Offers of Admission
Fall 2008 Freshman Class Size
29,501
12,843
6,718
The demographic trends of Texas pose an even greater challenge to UT’s capacity. The number
of Texas high school graduates will rise by more than 20% by 2014-15. Indeed, Texas is one of
the fastest-growing states. This growth will produce 55,000 more high school graduates than
in 2007. Very soon, the number of top 10% students alone will overwhelm the capacity of UT’s
freshman class. Currently, there are an estimated 27,000 Top 10% graduates in Texas who are
entitled to join UT’s freshman class of 6,800; by 2014-15 there will be some 30,000 graduates
who will be guaranteed admission.
Composition of the Freshman Class
The freshman class of 2008-09 included 6,718 students. The class was 5.6% African American, 18.6%
Asian American, 19.9% Hispanic, 52.3% white, 3.1% International, and .3% Native American.
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Performance of the Top 10%
In 2008, the average SAT score for Top 10% students was 1219, while the average for non-Top
10% students was 1285. The average grade point average (GPA) for Top 10% freshman entering
in 2007 was 3.08 compared to 2.83 for non-Top 10% freshmen. This disparity was larger in 1997
and has declined during the past 10 years.
Some observers have assumed that the Top 10% Law has increased first-year withdrawals and
dismissals because of poor student preparation. This is not true. Freshman retention—the percentage of freshmen advancing to their sophomore year—has increased from 87.7% in 1997 to
91.9% in 2007. Since 1997, four-year graduation rates have increased from 30.2% (entering class
of 1993) to 51% (entering class of 2003). Six-year graduation rates have also increased from
64.6% (entering class of 1991) to 77.4% (entering class of 2001).
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Performance of the Lower Half of the Top 10%
While Top 10% students on average earn higher grades, not all of them outperform their
non-Top 10% classmates at UT. Records indicate that students who graduated in the top 6th
through 10th percentile of their high school graduating class perform no better than students
in the top 11th through 20th percentile.
For example, the average freshman-year grade
point average for students in the top 6-10% of
Texas high schools entering UT in 2006 was
2.97, the same GPA earned by freshmen in the
top 11-15% of their graduating high school
class. Students in the top 16-20% earned an
average GPA of 3.02 during the same academic
year. As top 10% students occupy an increasing
share of the freshman class, only a small percentage of well-qualified, non-Top 10% students
can be accommodated at UT.
IMPACT ON RURAL STUDENTS
The impact of the Top 10% Law on rural high school representation at UT has generated significant interest.
The lack of a standard definition of the term “rural” further complicates the issue. However,
the Texas Education Agency classifies school districts based on size, growth rates, and proximity to urban areas. TEA classifications such as “Independent Town,” “Non-Metro: Fast
Growing,” “Non-Metro: Stable,” and “Rural” may be useful to this discussion. The chart below
shows that the percentage of enrolled freshman from various TEA classified school districts
has remained relatively flat from 1997-2007. For example, UT enrollment of students from
TEA “Rural” districts has remained at 1% during each year. Enrollment of UT students from
“Independent Town” districts was at 4% in both 1997 and 2007, with some variation during
the intervening years. The same is true of “Non-Metro: Stable” districts. There is no evidence
to support the notion that rural representation overall has increased since the Top 10% Law
went into effect in 1997.
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options for change
Several modifications to the Top 10% Law have been discussed. A bill during the 80th
Legislative Session proposed limiting the percentage of students granted automatic admission
under the Top 10% Law. Other proposals combine a similar limitation with a provision for
the admission of community college transfer students. These reforms would permit a higher
percentage of the freshman class to be admitted by means of a holistic process that considers
a student’s high school curriculum, college entrance exams, essays, leadership, awards, work
experience, community service, and special socio-economic and family circumstances—in
addition to class rank. Another option is outright repeal. In testimony during the last session,
President William Powers, Jr. indicated that this was not a position shared by UT Austin.
WITHOUT CHANGE, ONLY TOP 10% NEED APPLY
Without modification, Top 10% students will overwhelm the freshman class. In addition, a
student’s record of leadership, awards, community service, extracurricular activities—those
experiences that make a well-rounded individual—are rapidly becoming irrelevant to the
admissions process. From an early age children are encouraged to pursue a healthy range of
activities. They are led to believe that debate, orchestra, athletics, theater, and community
involvement are important. But increasingly, high school seniors who wish to attend UT are
discovering that only one criterion, high school class rank, will play a significant role in the
admissions process.
UT is committed to providing Texans with access to an outstanding university education. The
Top 10% Law will soon deny access to 90% of Texas high school graduates, regardless of the
strength of their application.
If current trends persist, in 2009 all Texas students enrolling in the fall will be Top 10%
graduates and some Top 10% students will be forced to enroll during the summer. By 2013,
UT will be forced to decline all graduates of Texas high schools who are not in the Top 10%.
And by 2015 there will be no room in the freshman class for any out-of-state or international
students. The entire freshman class will be composed of Texas Top 10% students. All others
need not apply.
January 2009
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for more information
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Office of the President
The University of Texas at Austin
P. O. Box T
Austin, Texas 78713
(512) 471-1232
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email:
president@po.utexas.edu
www.utexas.edu/president
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