Pub. L. 109-148, div. B, tit. IV, subtit. C, sec. 303
DEFINITIONS.
SEC. 303. DEFINITIONS.(a) In General.—Unless otherwise specified in this subtitle, the terms used in this subtitle have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965.(b) Additional Definitions.—For the purposes of this subtitle:(1) Affected head start agencies and early head start agencies.—The term “affected Head Start Agencies and Early Head Start Agencies” means a Head Start agency receiving a significant number of children from an area in which a Gulf hurricane disaster has been declared.(2) Affected state.—The term “affected State” means the State of Alabama, Florida, Louisiana, Mississippi, or Texas.(3) Area affected by a gulf hurricane disaster.—The term “area affected by a Gulf hurricane disaster” means a county or parish, in an affected State, that has been designated by the Federal Emergency Management Agency for disaster assistance for individuals and households as a result of Hurricane Katrina or Hurricane Rita.(4) Child with a disability.—The term “child with a disability” has the meaning given such term in section 602(3) of the Individuals with Disabilities Education Act.(5) Eligible entity.—The term “eligible entity” means—(A) a local educational agency (as defined in section 602(19) of the Individuals with Disabilities Education Act) if such agency is located in a State or in an area of a State with respect to which the President has declared that a Gulf hurricane disaster exists;(B) a State educational agency (as defined in section 602(32) of such Act) if such agency is located in a State with respect to which the President has declared that a Gulf hurricane disaster exists; or(C) a State interagency coordinating council established under section 641 of such Act if such council is located 119 STAT. 2813 in a State with respect to which the President has declared that a Gulf hurricane disaster exists.(6) Gulf hurricane disaster.—The term “Gulf hurricane disaster” means a major disaster that the President declared to exist, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and that was caused by Hurricane Katrina or Hurricane Rita.(7) Highly qualified.—The term “highly qualified”—(A) in the case of a special education teacher, has the meaning given such term in section 602 of the Individuals with Disabilities Education Act; and(B) in the case of any other elementary, middle, or secondary school teacher, has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965.(8) Individual adversely affected by a gulf hurricane disaster.—The term “individual adversely affected by a Gulf hurricane disaster” means an individual who, on August 29, 2005, was living, working, or attending school in an area in which the President has declared to exist a Gulf hurricane disaster.(9) Infant or toddler with a disability.—The term “infant or toddler with a disability” has the meaning given such term in section 632(5) of the Individuals with Disabilities Education Act.