(a) In accordance with the Texas Education Code (TEC), Chapter 38, Subchapter C, each school district and open-enrollment charter school shall annually assess the physical fitness of students enrolled in Grades 3-12.(b) Each student must be assessed based on factors related to student health, including the factors specified in the TEC, §38.102, unless a particular factor is inappropriate for that student because of a health classification as defined in 19 TAC §74.31 of this title (relating to Health Classifications for Physical Education).(c) The assessment that each school district and open-enrollment charter school shall use to assess student physical fitness will be the assessment instrument selected by the commissioner of education through a request for offers process.