In Texas a professional employee of a district is not personally liable for any act that is incident to or within the scope of the duties of the employee's position of employment and that involves the exercise of judgment or discretion, except in circumstances where:

in disciplining a student, the employee uses excessive force or his or her negligence results in bodily injury to the student.

it has been determined by the superintendent and boardthat the employee is liable

if the child's parent or guardian signs a waiver of responsibility

none of the above