(a) Although an emergent bilingual (EB) student shall not be exempt from taking an end-of-course assessment for reasons associated with limited English proficiency or inadequate schooling outside the United States, the special provision under subsection (b) of this section shall apply to an EB student enrolled in an English I course or an English for Speakers of Other Languages (ESOL) I course if the EB student:(1) has been enrolled in U.S. schools for three school years or less or qualifies as an unschooled asylee or refugee enrolled in U.S. schools for five school years or less; and(2) the student has not yet demonstrated English language proficiency in reading as determined by the assessment under §101.1003 of this title (relating to English Language Proficiency Assessments).(b) Concerning the applicable English I assessment, an EB student who meets the eligibility criteria in subsection (a) of this section shall not be required to retake the assessment each time it is administered if the student passes the course but fails to achieve the passing standard on the assessment.