ROBERT L. EHRLICH, JR., Governor                             Ch. 207

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:

(I) [placed] 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] RESIDES; OR

(II) [living] DOMICILED 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] RELATIVE WHO EXERCISES CARE, CUSTODY, AND CONTROL
OVER THE CHILD 24 HOURS A DAY AND 7 DAYS A WEEK AND WHO PROVIDES
INFORMAL KINSHIP CARE, AS DEFINED IN § 7-101 OF THIS ARTICLE, FOR 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] HOME, IN THE HOME OF
AN INFORMAL KINSHIP CARE PROVIDER, 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 (e) 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.

4-122.1.

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

(2)      "INFORMAL KINSHIP CARE" MEANS A LIVING ARRANGEMENT IN
WHICH A RELATIVE OF A CHILD, WHO IS NOT IN THE CARE, CUSTODY, OR
GUARDIANSHIP OF THE LOCAL DEPARTMENT OF SOCIAL SERVICES, PROVIDES FOR
THE CARE AND CUSTODY OF THE CHILD DUE TO A SERIOUS FAMILY HARDSHIP.

(3)      "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

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