PARRIS N. GLENDENING, Governor                             Ch. 252

(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; A PARENT OR LEGAL GUARDIAN, OR ANY PERSON
OR ENTITY INVOLVED IN THE PLACEMENT OF CHILDREN 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] INCLUDES 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.

(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 education 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,] DECEMBER 31, the financially responsible county shall pay the service providing
local education agency an amount equal to the [lesser] GREATER of:

(i) The local current expense per student in the financially responsible
county; or

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