(a) The language proficiency assessment committee shall reevaluate a student who is transferred out of a bilingual education or special language program under § 29.056(g) if the student earns a failing grade in a subject in the foundation curriculum under § 28.002(a)(1) during any grading period in the first two school years after the student is transferred to determine whether the student should be reenrolled in a bilingual education or special language program.
(b) During the first two school years after a student is transferred out of a bilingual education or special language program under § 29.056(g), the language proficiency assessment committee shall review the student’s performance and consider:
(1) the total amount of time the student was enrolled in a bilingual education or special language program;
(2) the student’s grades each grading period in each subject in the foundation curriculum under § 28.002(a)(1);
(3) the student’s performance on each assessment instrument administered under § 39.023(a) or (c);
(4) the number of credits the student has earned toward high school graduation, if applicable; and
(5) any disciplinary actions taken against the student under Subchapter A, Chapter 37.

(c) After an evaluation under this section, the language proficiency assessment committee may require intensive instruction for the student or reenroll the student in a bilingual education or special language program.