first declared on January 31, 2020, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19. (3) ESEA terms The terms elementary school , local educational agency , other staff , and secondary school have the meaning given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Public school The term public school means a public elementary school or secondary school.