Requirements for Educator Preparation Programs §228.
October 2020 Update Page 25
from tuition and fees under the TEC, §54.363, is exempt from the requirements of this chapter
relating to field-based experience, internship, or clinical teaching.
(2) Under the TEC, §21.0487(c)(2)(B), a candidate's employment by a school or district as a Junior
Reserve Officer Training Corps instructor before the person was enrolled in an EPP or while the
person is enrolled in an EPP is exempt from any clinical teaching, internship, or field-based
experience program requirement.
Statutory Authority: The provisions of this §228.35 issued under the Texas Education Code, §§21.031; 21.041(b)(1)
and (2); 21.044; 21.0442(c); 21.0443; §21.045(a), 21.0453; 21.0454; 21.0455; 21.046(b); 21.048(a), 21.0485;
21.0487(c); 21.0489(c); 21.049(a); 21.0491; 21.050(a)-(c); and 21.051; and the Texas Occupations Code, §55.007.
Source: The provisions of this §228.35 adopted to be effective December 14, 2008, 33 TexReg 10016; amended to be
effective December 26, 2010, 35 TexReg 11239; amended to be effective August 12, 2012, 37 TexReg 5747;
amended to be effective October 27, 2014, 39 TexReg 8388; amended to be effective December 27, 2016, 41 TexReg
10280; amended to be effective December 20, 2018, 43 TexReg 8091; amended to be effective October 20, 2019, 44
TexReg 5903; amended to be effective October 15, 2020, 45 TexReg 7255.
§228.40. Assessment and Evaluation of Candidates for Certification and Program Improvement.
(a) To ensure that a candidate for educator certification is prepared to receive a standard certificate, the
educator preparation program (EPP) shall establish benchmarks and structured assessments of the
candidate's progress throughout the EPP.
(b) An EPP is responsible for ensuring that each candidate is adequately prepared to pass the appropriate
content pedagogy examination(s) required for certification, unless that content pedagogy test is used for
admission purposes.
(c) Upon the written request of the candidate, an EPP may prepare a candidate and grant test approval for a
classroom teacher certificate category other than the category for which the candidate was initially admitted
to the EPP.
(d) An EPP shall determine the readiness of each candidate to take the appropriate certification examination of
content, pedagogy, and professional responsibilities, including professional ethics and standards of conduct.
An EPP shall not grant test approval for a certification examination until a candidate has met all of the
requirements for admission to the EPP and has been contingently or formally admitted into the EPP. An
EPP may make test approval contingent on a candidate completing additional coursework and/or training to
show that the candidate is prepared to pass the test if the candidate is seeking test approval from the EPP in
an area where the standards and/or test changed since the candidate completed the EPP or if the candidate
has returned to the EPP for test approval five or more years following the academic year of completion.
(e) For the purposes of EPP improvement, an entity shall continuously evaluate the design and delivery of the
EPP components based on performance data, scientifically-based research practices, and the results of
internal and external feedback and assessments.
(f) An EPP shall retain documents that evidence a candidate's eligibility for admission to the program and
evidence of completion of all program requirements for a period of five years after a candidate completes,
withdraws from, or is discharged or released from the program.
Statutory Authority: The provisions of this §228.40 issued under the Texas Education Code, §§21.031; 21.041(b)(1)
and (2); 21.044; 21.0442(c); 21.0443; §21.045(a), 21.0453; 21.0454; 21.0455; 21.046(b); 21.048(a), 21.0485;
21.0487(c); 21.0489(c); 21.049(a); 21.0491; 21.050(a)-(c); and 21.051; and the Texas Occupations Code, §55.007.
Source: The provisions of this §228.40 adopted to be effective July 11, 1999, 24 TexReg 5011; amended to be
effective December 14, 2008, 33 TexReg 10016; amended to be effective October 27, 2014, 39 TexReg 8388;
amended to be effective December 27, 2016, 41 TexReg 10280; amended to be effective October 20, 2019, 44
TexReg 5903; amended to be effective October 15, 2020, 45 TexReg 7255.