(16) INFANT
OR
TODDLER
WITH
A
DIS-
ABILITY.—The term ‘‘infant or toddler with a dis-
ability’’ has the meaning given such term in section 
632(5) of the Individuals with Disabilities Education 
Act. 
(17) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘‘institution of higher education’’ has the 
meaning given such term in section 102 of the High-
er Education Act of 1965, except that the term does 
not include institutions under subsection (a)(1)(C) 
of that section. 
(18) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
such term in section 9101 of the Elementary and 
Secondary Education Act of 1965. 
(19) PUPIL SERVICES.—The term ‘‘pupil serv-
ices’’ has the meaning given such term in section 
9101 of the Elementary and Secondary Education 
Act of 1965. 
(20) QUALIFIED
STUDENT
LOAN.—The term 
‘‘qualified student loan’’ means any loan made, in-
sured, or guaranteed under part B, D, or E of title 
IV of the Higher Education Act of 1965, other than 
a loan under section 428B of such title or a Federal 
Direct Plus loan.
(21) QUALIFIED
PARENT
LOAN.—The term 
‘‘qualified parent loan’’ means a loan made under 
section 428B of title IV of the Higher Education 
Act of 1965 or a Federal Direct Plus loan. 
(22) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ has the meaning given such term in 
section 9101 of the Elementary and Secondary Edu-
cation Act of 1965. 
(23) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 9101 of the Elemen-
tary and Secondary Education Act of 1965. 
(24) STATE EDUCATIONAL AGENCY.—The term 
‘‘State educational agency’’ has the meaning given 
such term in section 9101 of the Elementary and 
Secondary Education Act of 1965. 
(25) STATE LEAD AGENCY.—The term ‘‘State 
lead agency’’ has the meaning given such term as 
designated under 676(a)(1) of the Community Serv-
ices Block Grant Act. 
SEC. 402. PROCEDURAL WAIVERS. 
(a) PUBLICATION.— 
(1) IN GENERAL.—Notwithstanding section 437 
of the General Education Provisions Act (20 U.S.C. 
1232) and section 553 of title 5, United States 
Code, the Secretary of Education shall make publicly
available the waivers or modifications of statutory 
and regulatory provisions and other actions the Sec-
retary of Education issues pursuant to this title. 
(2) TERMS
AND
CONDITIONS.—The notice 
under paragraph (1) shall include the terms and 
conditions to be applied in lieu of such statutory and 
regulatory provisions. 
SEC. 403. REPORTING REQUIREMENTS. 
(a) CONTENTS OF REPORT.—Not later than Sep-
tember 30, 2006, each State that exercises any authority 
provided in this Act shall submit to the Secretary of juris-
diction a report containing such information as the Sec-
retary may require, including information identifying— 
(1) how flexibility provided under this Act is 
used to provide assistance to individuals adversely 
affected by a Gulf hurricane disaster, including the 
number of such individuals assisted; 
(2) how such individuals were assisted; 
(3) if any staff was sent to an area adversely 
affected by a Gulf hurricane disaster under title II, 
subtitle A; 
(4) specifying how an affected State exercised 
its waiver authority under this Act to assist individ-
uals adversely affected by a Gulf hurricane disaster, 
including waivers received under section 331;
(5) the amount of funding transferred among 
programs specified in section 331; 
(6) the amount of funding, if any, transferred 
to an affected State under subtitle A of title II and 
how such funds were distributed; 
(7) how additional alternative service providers 
were chosen by such State to provide immediate as-
sistance under subtitle A of title II; and 
(8) the number and location of teachers consid-
ered to be highly qualified for purposes of subse-
quent employment as a teacher by a local edu-
cational agency that hired the teachers due to needs 
created by the enrollment of displaced students 
under section 111. 
(b) REPORT TO CONGRESS.—Not later October 30, 
2006, the Secretary shall submit to the Committee on 
Education and the Workforce of the House of Representa-
tives, the Committee on Health, Education, Labor, and 
Pensions of the Senate, and the respective Committees on 
Appropriations the report described in subsection (a), and 
any comments the Secretary may have with respect to 
such report. 
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