HARRY HUGHES, Governor                                             661

THE SERVICE PROVIDING LOCAL EDUCATION AGENCY FOR EACH SUCH CHILD
AN AMOUNT EQUAL TO THE LESSER OF:

(I) THREE TIMES THE LOCAL CURRENT EXPENSE PER
STUDENT IN THE FINANCIALLY RESPONSIBLE COUNTY; OR

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

(3) (I) IF THE LOCAL CURRENT EXPENSE PER STUDENT IN
THE FINANCIALLY RESPONSIBLE COUNTY IS LESS THAN THE LOCAL CURRENT
EXPENSE PER STUDENT IN THE SERVICE PROVIDING LOCAL EDUCATION
AGENCY, THE STATE SHALL PAY TO THE SERVICE PROVIDING LOCAL
EDUCATION AGENCY THE DIFFERENCE FOR EACH STUDENT IN AN
OUT-OF-COUNTY LIVING ARRANGEMENT WHO ATTENDS A PUBLIC SCHOOL IN
THE SERVICE PROVIDING LOCAL EDUCATION AGENCY.

(II) THE NECESSARY FUNDS SHALL BE PROVIDED IN
THE APPROPRIATION TO THE STATE BOARD.

(4) IF THE SERVICE PROVIDING LOCAL EDUCATION AGENCY
DETERMINES THAT A CHILD IN AN OUT-OF-COUNTY LIVING ARRANGEMENT IS
HANDICAPPED AND NEEDS A NONPUBLIC EDUCATIONAL PROGRAM AS PROVIDED
BY § 8-409 OF THIS ARTICLE, THE FINANCIALLY RESPONSIBLE COUNTY

SHALL PAY FOR EACH SUCH CHILD THE AMOUNT PROVIDED BY §

8-417.3(D)(1) OF THIS ARTICLE.

(D) (1) EACH SERVICE PROVIDING LOCAL EDUCATION AGENCY SHALL
NOTIFY THE STATE SUPERINTENDENT OF THE NAME OF EACH CHILD IN AN
OUT-OF-COUNTY LIVING ARRANGEMENT AS OF SEPTEMBER 30 OF EACH YEAR
AND MAKE A PRELIMINARY DETERMINATION OF THE FINANCIALLY
RESPONSIBLE COUNTY FOR EACH CHILD. THE SERVICE PROVIDING LOCAL
EDUCATION AGENCY SHALL SEND A COPY OF THIS NOTICE TO THE
FINANCIALLY RESPONSIBLE COUNTY BY OCTOBER 30, AND AT THE SAME
TIME SHALL SEND THE NOTICE TO THE STATE SUPERINTENDENT.

(2) THE COUNTY WHICH WAS INITIALLY DETERMINED TO BE
FINANCIALLY RESPONSIBLE MAY APPEAL THAT DETERMINATION TO THE
STATE SUPERINTENDENT WITHIN 30 DAYS OF THE DATE ON WHICH THE
NOTICE WAS MAILED.

(3) THE STATE SUPERINTENDENT SHALL DECIDE ALL APPEALS
WHICH ARE MADE UNDER PARAGRAPH (2) OF THIS SUBSECTION. AND MAKE A
FINAL DETERMINATION REGARDING THE FINANCIALLY RESPONSIBLE COUNTY
FOR EACH CHILD IN AN OUT-OF-COUNTY LIVING ARRANGEMENT.

(41 BY JANUARY 15 OF EACH YEAR EACH COUNTY BOARD
SHALL PROVIDE THE STATE SUPERINTENDENT THE DATA NECESSARY TO
COMPUTE THE LOCAL CURRENT EXPENSE PER STUDENT UNDER THIS SECTION.

(5) IF BY MAY 15 A FINANCIALLY RESPONSIBLE COUNTY
FAILS TO MAKE THE REQUIRED PAYMENT TO A SERVICE PROVIDING LOCAL
EDUCATION AGENCY. THE STATE SUPERINTENDENT SHALL DEDUCT FROM THE
NEXT PAYMENT OF STATE AID TO THE FINANCIALLY RESPONSIBLE COUNTY