; and (B) has a detailed plan in place to protect the health of students and personnel. (2) Exception Paragraph (1) does not apply to any funds (including loans made under part D of title IV of the Higher Education Act of 1965) made available under any applicable program that an educational agency or institution provides to a student attending such agency or institution. (3) Waiver The Secretary may waive the requirements of paragraph (1) with respect to an educational agency or institution if the Secretary determines that doing so is in the public interest. (b) Prohibition on liability An educational agency or institution that provides a certification under subsection (a)(1), including personnel thereof, may not be held liable in any cause of action before a State or Federal court for any act or omission related to in-person instruction that results in an alleged exposure to coronavirus. (c) Definitions In this section: (1) Applicable program The term applicable program has the meaning given such term in section 400(c) of the General Education Provisions Act ( 20 U.S.C. 1221(c) ). (2) Coronavirus The term coronavirus means SARS–CoV–2 or another coronavirus with pandemic potential. (3) Educational agency or institution The term educational agency or institution means the following: (A) An elementary school (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )). (B) A secondary school (as such term is defined in such section 8101). (C) An institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )). (D) A local educational agency (as such term is defined in such section 8101). (E) A State educational agency (as such term is defined in such section 8101).