Section 38.101 - Assessment Required(a) Except as provided by Subsection (b), a school district annually shall assess the physical fitness of students enrolled in grade three or higher in a course that satisfies the curriculum requirements for physical education under Section 28.002(a)(2)(C).(b) A school district is not required to assess a student for whom, as a result of disability or other condition identified by commissioner rule, the assessment instrument adopted under Section 38.102 is inappropriate.Amended by Acts 2011, 82nd Leg., 1st C.S., Ch. 8, Sec. 17, eff. 9/28/2011.Added by Acts 2007, 80th Leg., R.S., Ch. 1377, Sec. 3, eff. 6/15/2007.