Silence Is Not Neutral: UT, the Compact, and the Fight for Fair Admissions in Texas Higher Education
by
Angela Valenzuela, Ph.D.
November 25, 2025
The University of Texas at Austin’s apparent refusal—or strategic silence—regarding the federal “Compact for Academic Excellence in Higher Education” marks an interesting, if not troubling, moment for public higher education in Texas. To be sure, UT has been navigating mounting political pressure from students, alumni, faculty, and community members. Even the editors of the Austin American-Statesman recently weighed in.
Faculty groups across the country have condemned the Compact as an effort to reshape universities into instruments of political ideology rather than centers of inquiry (Spitalniak, 2025). While universities across the country have rejected the Compact outright, UT has neither affirmed it nor denounced it, and that silence suggests more than institutional deliberation. It suggests political constraint indicating a modicum of success by opponents, but silence nevertheless.
Consider the KXAN segment below which questions why UT should be compelled to openly reject the Compact if it is already moving toward Compact-like outcomes as a result of recent state-imposed policy changes?
The Compact, proposed by the federal administration, would condition access to federal research funding on compliance with a slate of politically charged requirements: restrictions on faculty governance, limits on hiring autonomy, reinterpretations of free-speech policy, constraints on international student enrollment, and a prohibition on what it calls “proxies” for race or sex in admissions.
All told, this moment exposes a parallel misunderstanding that urgently needs correction: the widespread claim that Texas’ Top Ten Percent Plan is a “race-based” or affirmative-action-style policy (e.g., Mukherjee, 2023). This mischaracterization has resurfaced because the Compact prohibits admissions criteria that correlate with race; some commentators have leapt to the false conclusion that the Top Ten Percent Plan is therefore racially motivated. But historically and legally, the policy is race-neutral.
The Top Ten Percent law, created under House Bill 588 in 1997, guarantees automatic admission to Texas public universities for students who graduate in the top ten percent of their high school class (Flores & Horn, 2020). It does not ask for racial identification, does not classify students by race, and does not treat students differently based on race. Its origin lies in Hopwood v. Texas, which barred the use of race in admissions in the mid-1990s. Legislators—seeking to broaden opportunity without violating the ruling—created a system that relied on class rank, not racial preference, to expand access across the state (Flores & Horn, 2020).
A key detail is that UT–Austin operates under a unique statutory modification to this law. In 2009, the Legislature passed Senate Bill 175, which allows UT–Austin to cap automatic admissions at 75 percent of its entering Texas freshman class beginning in 2011. This adjustment was made at UT’s request, as the flagship campus argued that full application of the Top Ten Percent rule would consume the entire entering class. Even with this cap, however, the Top Ten Percent Plan remains the policy mechanism through which the majority of UT’s freshman seats are filled—and it remains fully race-neutral.
While the Top Ten Percent Plan does increase racial and socioeconomic diversity, that outcome reflects the deeply segregated landscape of Texas high schools rather than any use of race within the statute itself. Legal scholars are unequivocal on this point: the percentage plan “is race-neutral…and its operation ensures broad diversity in every dimension” without invoking racial classification (Dorf, 2024, p. 112).
At the same time, as Flores and Horn (2016) demonstrate, the plan’s current iteration—though it expands opportunity—still falls short of eliminating racial and ethnic disparities in access to Texas’ most selective universities. Miscasting the law as race-based is therefore not only factually incorrect but politically perilous, particularly at a moment when genuinely race-neutral mechanisms remain among the few available tools to advance equitable access in higher education.
The confusion is especially harmful now, as UT contemplates whether the Compact’s ban on “proxies” could be interpreted to target class-rank admissions. Class rank measures academic performance within schools; it is not a racial proxy under federal law (Dorf, 2024). Yet if political actors succeed in recasting it as race-based, they could undermine a foundational element of Texas admissions policy—one that is already modified at UT–Austin through SB 175 and thus particularly vulnerable to political reinterpretation.
If UT ultimately rejects the Compact—as it appears to have done—we as a public must nevertheless remain vigilant in defending the truth about the Top Ten Percent Plan as a race-neutral. Misrepresenting it only deepens confusion and fuels the political manipulation already surrounding higher education.
At a time when academic freedom, democracy, and access to higher education are under assault, clarity is essential.
References
Flores, S. M., & Horn, C. L. (2016). The Texas Top Ten Percent Plan: How it works, what we know, and what we should learn from it. UCLA, E-Scholarship.org. https://escholarship.org/uc/item/4hm2n74bDorf, M. C. (2024). Race-neutrality, baselines, and ideological jujitsu After Students for Fair Admissions. Texas Law Review, 103, 269.
Priest, J. (2025, November 17). UT-Austin still silent on Trump compact after deadline to sign passes: Most other invited universities have rejected the administration’s offer tying priority federal funding to campus policy changes. The Texas Tribune.
Spitalniak, L. (2025, October 8). Trump’s higher-ed compact draws condemnation from faculty and college unions. Higher Ed Dive.






