(a) In this section, "educational institution" means an institution or program that facilitates learning or the acquisition of knowledge, skills, values, beliefs, or habits. The term includes:
(1) a public or private preschool, child-care facility, primary or secondary school, college, or university;
(2) an institution of higher education, as that term is defined by Section 61.003, Education Code; and
(3) a private or independent institution of higher education, as that term is defined by Section 61.003, Education Code.
(b) An educational institution is not liable for damages or equitable monetary relief arising from a cancellation or modification of a course, program, or activity of the institution if the cancellation or modification arose during a pandemic emergency and was caused, in whole or in part, by the emergency.