HARRY HUGHES, Governor

659

(2) FOR HANDICAPPED CHILDREN RECEIVING PUBLIC LEVELS
IV AND V, V, AND VI SPECIAL EDUCATION PROGRAMS, THE STATE SHALL
PAY AN ADDITIONAL AMOUNT EQUAL TO 200 PERCENT OF THE LOCAL
CURRENT EXPENSE PER STUDENT IN THE SERVICE PROVIDING LOCAL
EDUCATION AGENCY MULTIPLIED BY THE ADJUSTED COUNT OF CHILDREN IN
OUT OF COUNTY LIVING ARRANGEMENTS FOR THE SERVICE PROVIDING LOCAL
EDUCATION AGENCY WHO ARE RECEIVING PUBLIC LEVELS IV AND V, V, AND
VI SPECIAL EDUCATION PROGRAMS.

(3) FOR HANDICAPPED CHILDREN RECEIVING PUBLIC LEVEL
VI SPECIAL EDUCATION PROGRAMS, THE STATE SHALL PAY AN ADDITIONAL
AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE COST OF THE PROGRAM TO
THE SERVICE PROVIDING COUNTY AND THE AMOUNT EQUAL TO THE EXPENSES

PROVIDED FOR IN SUBSECTIONS (1) AND (2) OF THIS SECTION

MULTIPLIED BY THE NUMBER OF STUDENTS.

(3) (4) IF A CHILD IN AN OUT OF COUNTY LIVING

ARRANGEMENT IS DETERMINED TO BE HANDICAPPED AND IN NEED OF A
NONPUBLIC SCHOOL PROGRAM BY THE SERVICE PROVIDING LOCAL EDUCATION
AGENCY IN ACCORDANCE WITH SECTION 8-409 OF THIS ARTICLE, THE
LOCAL EDUCATION AGENCY FOR THE CHILD'S HOME COUNTY SHALL PAY FOR
EACH CHILD THE AMOUNT SET FORTH IN SECTION 8-417.3(D)(1) OF THIS
ARTICLE.

(F) AN OUT OF STATE AGENCY THAT PLACES A CHILD IN A FOSTER
CARE HOME OR RESIDENTIAL FACILITY IN MARYLAND SHALL BE LIABLE FOR
THE COST OF THE CHILD'S EDUCATION, INCLUDING TRANSPORTATION.

(G) THE STATE BOARD OF EDUCATION SHALL ADOPT REGULATIONS
NECESSARY TO IMPLEMENT THIS SECTION.

4-120.1.

(A) (1) IN THIS SECTION, THE FOLLOWING WORDS SHALL HAVE THE
MEANINGS INDICATED.

(2) "LOCAL CURRENT EXPENSE PER STUDENT" MEANS ALL
EXPENDITURES MADE BY A COUNTY FROM COUNTY APPROPRIATIONS. EXCEPT
STATE. FEDERAL. AND OTHER AID. FOR PUBLIC ELEMENTARY AND
SECONDARY EDUCATION IN THE PRIOR FISCAL YEAR. DIVIDED BY THE
FULL-TIME EQUIVALENT ENROLLMENT. AS DEFINED IN § 5-202(A) OF THIS
ARTICLE.

(3) "CHILD IN AN OUT-OF-COUNTY LIVING ARRANGEMENT"
MEANS A CHILD WHO IS PLACED BY A STATE AGENCY, A LICENSED CHILD
PLACEMENT AGENCY AS PROVIDED BY § 5-507 OF THE FAMILY LAW
ARTICLE, OR A COURT IN A COUNTY OTHER THAN WHERE THE CHILD'S

PARENT OR LEGAL GUARDIAN RESIDES. CHILD IN AN OUT-OF-COUNTY

LIVING ARRANGEMENT DOES NOT INCLUDE A CHILD LIVING WITH A
RELATIVE, STEPPARENT OR A PERSON EXERCISING TEMPORARY CARE,
CUSTODY OR CONTROL OVER A CHILD AT THE REQUEST OF A PARENT OR
GUARDIAN OF THE CHILD.