660

LAWS OF MARYLAND

Ch. 123

(4) "SERVICE PROVIDING LOCAL EDUCATION AGENCY" MEANS
THE LOCAL EDUCATION AGENCY FOR THE COUNTY WHERE A CHILD IN AN
OUT-OF-COUNTY LIVING ARRANGEMENT IS PLACED.

(5) "FINANCIALLY RESPONSIBLE COUNTY" MEANS THE COUNTY
WHERE THE PARENT OR LEGAL GUARDIAN OF A CHILD IN AN OUT-OF-COUNTY
LIVING ARRANGEMENT RESIDES. IF THE PARENTS OF THE CHILD LIVE
APART, THE FINANCIALLY RESPONSIBLE COUNTY IS:

(I) THE COUNTY WHERE THE PARENT WHO HAS BEEN
AWARDED CUSTODY OF THE CHILD RESIDES:

(II) IF CUSTODY HAS NOT BEEN AWARDED, THE
COUNTY WHERE THE PARENT WITH WHOM THE CHILD LIVES WHEN NOT IN A
FOSTER CARE HOME OR RESIDENTIAL FACILITY RESIDES;

(III) IF CUSTODY HAS BEEN AWARDED TO BOTH
PARENTS AND THE PARENTS RESIDE IN DIFFERENT COUNTIES. BOTH
COUNTIES SHALL BE CONSIDERED FINANCIALLY RESPONSIBLE AND SHALL
PAY ONE-HALF THE AMOUNT AS COMPUTED IN ACCORDANCE WITH SUBSECTION
(C) OF THIS SECTION, EXCEPT THAT IF THE CHILD RECEIVES A PUBLIC
EDUCAT1ON IN A COUNTY WHERE A PARENT RESIDES, THIS SUBPARAGRAPH
SHALL NOT APPLY; OR

(IV) IF CUSTODY HAS BEEN AWARDED TO BOTH
PARENTS AND ONE PARENT RESIDES IN A COUNTY AND THE OTHER RESIDES
OUT-OF-STATE, THE COUNTY SHALL BE CONSIDERED THE FINANCIALLY
RESPONSIBLE COUNTY.

(B) (1) A CHILD IN AN OUT-OF-COUNTY LIVING ARRANGEMENT
SHALL RECEIVE AN APPROPRIATE EDUCATION FROM THE SERVICE PROVIDING
LOCAL EDUCATION AGENCY.

(2) THE SERVICE PROVIDING LOCAL EDUCATION AGENCY
SHALL INCLUDE A CHILD ENROLLED AS THE RESULT OF AN OUT-OF-COUNTY
LIVING ARRANGEMENT IN THEIR FULL-TIME EQUIVALENT ENROLLMENT AS
PROVIDED BY § 5-202(A)(7) OF THIS ARTICLE.

(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS
SUBSECTION, FOR EACH CHILD IN AN OUT-OF-COUNTY LIVING ARRANGEMENT
ENROLLED IN A PUBLIC SCHOOL PROGRAM ON SEPTEMBER 30. THE
FINANCIALLY RESPONSIBLE COUNTY SHALL PAY THE SERVICE PROVIDING
LOCAL EDUCATION AGENCY AN AMOUNT EQUAL TO THE LESSER OF:

(I) THE LOCAL CURRENT EXPENSE PER STUDENT IN
THE FINANCIALLY RESPONSIBLE COUNTY: OR

(II) THE LOCAL CURRENT EXPENSE PER STUDENT IN
THE SERVICE PROVIDING LOCAL EDUCATION AGENCY.

(2) IF THE SERVICE PROVIDING LOCAL EDUCATION AGENCY
DETERMINES THAT A CHILD IN AN OUT-OF-COUNTY LIVING ARRANGEMENT IS
HANDICAPPED AND NEEDS A PUBLIC SCHOOL LEVEL IV OR V SPECIAL
EDUCATION PROGRAM. THE FINANCIALLY RESPONSIBLE COUNTY SHALL PAY