dissenting.
The majority holds that a public school principal and teacher are not entitled to school employee immunity because they failed to prove that their acts were not ministerial but instead involved the exercise of judgment or discretion. Because the summary judgment evidence establishes that the acts of the principal and teacher were discretionary as a matter of law, they were entitled to summary judgment. Accordingly, I respectfully dissent.
Factual Summary
William and Linda Foster (“the Fosters”) sued them son’s school principal, Noel Estrada, and teacher, Joe A. Gonzalez, for injuries sustained by their son, William, Jr., while playing in the school gymnasium in the morning before class. The Fosters alleged Estrada and Gonzalez were guilty of numerous acts of negligence, including failure to properly supervise, failure to warn of or eliminate known hazards, failure to provide medical care, and failure to provide proper training in the use of the gymnasium. Estrada and Gonzalez moved for summary judgment on their affirmative defense of school employee immunity. Each filed an affidavit in support of their motion which included evidence that they were professional employees of the school, that they were acting within the scope of them duties at the time of the incident, and that their actions involved the exercise of discretion and judgment. The Fosters’ summary judgment response focused on the issue of *755whether Estrada and Gonzalez’ duties were discretionary or ministerial in nature, and included a copy of the school faculty handbook.
Discussion
The Texas Education Code provides a broad grant of immunity from personal liability to professional school employees for acts done within the scope of employment involving the exercise of judgment or discretion. See Tex. Eduo.Code Ann. § 22.051 (Vernon 1996); Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996). The Fosters do not dispute that Estrada and Gonzalez were professional school employees acting within the scope of their employment. Therefore, the only issue before us is whether Estrada and Gonzalez’ actions were ministerial or whether they required the exercise of judgment or discretion.
“Ministerial acts are those ‘[wjhere the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment.’ Ministerial actions require obedience to orders or the performance of a duty to which the actor has no choice. On the other hand, if an action involves personal deliberation, decision and judgment, it is discretionary.” Downing, 935 S.W.2d at 114 (citation omitted).
The Fosters point to the faculty handbook as evidence of the ministerial nature of Estrada and Gonzalez’ duties. However, the face of the document belies that contention. Most every aspect of the responsibilities described therein involves personal deliberation, decision and judgment and is discretionary by definition. The page purported to include the ministerial duties is reproduced below in its entirety.
Morning Duty for Teachers
Throughout the school year, teachers will be assigned morning duty. Please note the description of the duty station below and the duty map that follows on the next page.
Duty Responsibilities
Duty time is from 7:30 a.m. to 7:50 a.m. We should take steps to ensure a safe and orderly environment. Keen awareness of what is happening around you and reporting to your duty station in a timely manner will help. Your number designates the area you should stand.
Area # 1 — Shaded area includes the gym parking lot and east area of the gym. Direct students toward campus and do not allow students to walk to Bryson’s and/or leave campus.
Area # 2 — Shaded area includes the band/teacher parking lot. Direct students toward campus. Report unsafe driving. Area #3 — Shaded area includes south of gym. Direct students toward campus.
Area # 4 — Shaded area includes the patio area. Monitor student behavior. Report unsafe behavior. Direct students to class when bell rings.
Area #5 — Shaded area includes breezeways. Monitor student behavior. Report unsafe conditions. Direct students to class when bell rings.
Area #6 — Shaded area includes parking lot. Direct students to campus. There should be no students congregating in and around the parking lot. Report unsafe driving.
Area #7 — Shaded area includes inside main building, main building entrance by main office. Allow only those students that are in for tutoring inside the building. Notice will be given on bad weather days. Area # 8 — Shaded area includes bus stop. Students are not allowed inside the building until 7:50 a.m. Allow only those students in for tutoring inside the building. Monitor bus unloading. Report unsafe behavior/conditions. Direct students to class when bell rings.
Area # 9 — Shaded area includes main entrance by flag pole. Direct students toward campus away from sidewalk. Monitor behavior, report unsafe driving/conditions. Direct students to class when bell rings.
By virtue of the language used, it is clear that these “duties” were designed to give teachers a great deal of latitude in carrying *756them out. For example, in the first paragraph under “Duty Responsibilities,” it is only suggested that teachers “should take steps to ensure a safe and orderly environment.” Further, in several places teachers are specifically given discretion to allow students into the building early for tutoring. But perhaps most important so far as this case is concerned, nowhere in this list of duties are teachers directed not to allow students into the gym before class begins. And nowhere in the list are teachers required to supervise the students, or to warn them of hazards, or to provide medical care to them, or to receive training in the use of the gymnasium. These are the “ministerial duties” the Fosters claim that Estrada and Gonzalez breached, causing injury to their son. Yet none of the alleged duties are required by the faculty handbook to be performed by the teachers for, as previously noted, ministerial acts are those “[w]here the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment.” The faculty handbook falls far short of the standard.
Conclusion
Estrada and Gonzalez were entitled to summary judgment on their immunity defense because the summary judgment record establishes as a matter of law that they were exercising discretionary duties at the time of the accident causing William Foster, Jr.’s injuries. Because the majority disagrees with this holding, I respectfully dissent.