Ray Sullivan, a spokesman for Governor Bush, said the Governor "believes that Texas colleges and universities must work hard to be inclusive. We believe that schools can have diversity without basing admissions decisions solely on race."

Dr. Kenneth H. Ashworth, commissioner of the Texas Higher Education Coordinating Board, said he welcomes the intervention of the Department of Education. He said if the department finds the state of Texas to be in violation of Title VI and the related consent decrees, it could lead to a reversal of the state's adoption of race-neutral policies in higher education.

"We're in a bind because of the Hopwood decision. Texas is the only state in the nation that prohibits affirmative action in its higher education policies. That puts us at a terrible disadvantage. It squeezes minorities out of participating in society like they should," Ashworth said.

Texas State Senator Rodney Ellis, who was one of the legislators notified by Cantu on March 18, was quoted in the Austin American-Statesman as saying that "Texas clearly runs the risk of putting federal dollars in jeopardy." Ellis was one of about sixty Texas lawmakers who asked OCR to investigate whether race-neutral policies at Texas colleges and universities would constitute discrimination against Hispanics and Blacks, the Austin American-Statesman reported.

Ray Grasshoff, a spokesman for the Texas Higher Education Coordinating Board, said Texas received $500 million in funding for higher education programs from the Department of Education in fiscal year 1995. Department of Education funding includes money for work-study programs, federal student grants and research grants.

COPYRIGHT 1997 Cox, Matthews & Associates