Diversity and Access in Higher Education: The Higher Education Act of 1965

Plessy v. Ferguson

May 18, 1869

The Supreme Court decision in this case allowed states to continue the practice of racial segregation, so long as the the facilities and provisions for each group were equal. Particularly in the South, the concept of separate but equal took hold and many public educational institutions, including those of higher education, were segregated. Plessy v. Ferguson 163 US 537 (1896)

Desegregation of the U.S. Military

Jul 26, 1948

President Harry S. Truman signed Executive Order 9981, which desegregated the U.S. military. The Order called for the equal treatment and opportunity of all individuals, regardless of race, religion, or national origin. This was an important step for the country and would help lay the foundation for the other desegregations and the Civil Rights movement. Executive Order 9981. July 26, 1948. General Records of the United States Government, Record Group 11, National Archives.

Brown v. Board of Education of Topeka

May 17, 1954

This case was a consolidation of four cases brought before the U.S. Supreme Court that considered the issue of segregation based on race. The justices decided that segregation was a violation of the Equal Protections Clause of the 14th Amendment and that the facilities provided to the separate groups were inherently unequal. The Court's ruling banned segregation in public schools. Brown v. Board of Education of Topeka, 347 US 483 (1954)
U.S. Const. amend. XIV

Civil Rights Act of 1964

Jul 2, 1964

The Civil Rights Act of 1964, signed into law by President Johnson, included several important protections. It prohibited discrimination in public places, provided for the integration of public schools (reinforcing the Supreme Court ruling in Brown v. Board of Education) and made employment discrimination illegal. 78 Stat. 241 (1964)

Higher Education Act of 1965

Nov 8, 1965

Section 112 of the Higher Education Act of 1965 established rights for students attending colleges and universities in the U.S. This act contained several key elements including the establishment of diversity as key to the American higher education system and that all students should be treated equally and fairly. 20 U.S. Code § 1011a

Regents of the University of California v. Bakke

Jun 28, 1978

This case considered the use of racial quotas as part of the admission process for the Medical School of the University of California at Davis. The justices held that the use racial of quotas was a violation of the Equal Protections Clause in the 14th Amendment. While race could be a factor of the admission process, a certain number of spaces could not be reserved for minority students. Regents of the University of California v. Bakke, 438 US 265 (1978)
U.S. Const. amend. XIV

Hopwood v. Texas

Mar 18, 1996

This case focused on the use of race as an admission criteria for the the University of Texas. The District Court judge found that the University had not violated the rights of students by using race as a factor for making admission decisions due to history of segregation in Texas and the U.S. The 5th Court of Appeals reversed this decision and suspended the affirmative action program at UT. Hopwood v. Texas, 861 F. Supp. 551 (W.D. Tex. 1994)
Hopwood v. Texas 518 U.S. 1033 (1996)

Top Ten Percent Rule

May 8, 1997

The bill created in 1997 was in part a response to the Hopwood v. Texas ruling to prevent students from filing suits against universities for denied admission due to race-based admissions. The bill requires state funded colleges to accept students who apply and have graduated within the last two years in the top ten percent of their class. Other seats, not filled by top ten percent students, can be filled using other criteria to develop a diverse student body. TEX. Educ. Code § 51.801-51.809

Grutter v. Bollinger

Jun 23, 2003

This case questioned the use of race as an admission criteria when admitting students to the University of Michigan Law School. The justices held that this admission process did not violate the Equal Protections Clause in the 14th Amendment since race was one of several criteria considered and the University is allowed to develop a diverse student body. They decided that the race-based reviews did not harm non-minority applicants. Grutter v. Bollinger, 539 US 306 (2003)
U.S. Const. amend. XIV

Fisher v. University of Texas at Austin

Jun 23, 2016

This case was brought as a response to the "Top Ten Percent Rule" in Texas, since the admission criteria for remaining seats could be filled using race as one of the criteria for admission. The Supreme Court found that the race-conscious admission policy was not in violation of the 14th Amendment and reaffirmed the University's admission policy for undergraduate students. Fisher v. University of Texas at Austin, 759 US (2016)
TEX. Educ. Code § 51.801-51.809
U.S. Const. amend. XIV

Looking to the Future

Sep 16, 2016

The decision in the Fisher case brought up an important aspect in the future of race-based admissions. Data will be collected and analyzed to ensure that students rights, no matter what their race, are not being violated. Diversity was a key element outlined in the Higher Education Act of 1965 and will remain an area of focus for years to come. Attempting to find a path that supports all students should be the goal for institutions. Fisher v. University of Texas at Austin, 759 US (2016)