Ch. 207                                    2003 LAWS OF MARYLAND

EDUCATION IN THE PRIOR FISCAL YEAR, DIVIDED BY THE FULL-TIME EQUIVALENT
ENROLLMENT, AS DEFINED IN § 5-202(A) OF THIS ARTICLE.

(4) "RECEIVING AGENCY" MEANS THE LOCAL EDUCATION AGENCY FOR
THE COUNTY WHERE THE RELATIVE OF A CHILD IN AN INFORMAL KINSHIP CARE
RELATIONSHIP RESIDES.

(5)      "RELATIVE" MEANS AN ADULT RELATED TO THE CHILD BY BLOOD OR
MARRIAGE WITHIN THE FIFTH DEGREE OF CONSANGUINITY.

(6)      "SENDING AGENCY" MEANS THE LOCAL EDUCATION AGENCY FOR A
COUNTY WHERE THE PARENT OR LEGAL GUARDIAN OF A CHILD IN AN INFORMAL
KINSHIP CARE RELATIONSHIP RESIDES, SUBJECT TO THE FOLLOWING CONDITIONS:

(I) IF THE PARENTS OR LEGAL GUARDIANS OF THE CHILD LIVE
APART, THE SENDING AGENCY IS THE LOCAL EDUCATION AGENCY IN THE COUNTY
WHERE THE PARENT OR LEGAL GUARDIAN WHO HAS BEEN AWARDED CUSTODY OF
THE CHILD RESIDES;

(II)     IF CUSTODY HAS NOT BEEN AWARDED TO A PARENT OR LEGAL
GUARDIAN, THE SENDING AGENCY IS THE LOCAL EDUCATION AGENCY OF THE
COUNTY WHERE THE PARENT OR LEGAL GUARDIAN WITH WHOM THE CHILD LIVES
WHEN NOT IN AN INFORMAL KINSHIP CARE RELATIONSHIP RESIDES;

(III)    IF CUSTODY HAS BEEN AWARDED TO BOTH PARENTS OR LEGAL
GUARDIANS, AND THE PARENTS OR LEGAL GUARDIANS RESIDE IN DIFFERENT
COUNTIES, THE LOCAL EDUCATION AGENCIES OF BOTH COUNTIES SHALL BE
CONSIDERED A SENDING AGENCY AND SHALL PAY ONE-HALF THE AMOUNT AS
COMPUTED IN ACCORDANCE WITH SUBSECTION (D) OF THIS SECTION, EXCEPT THAT
IF A CHILD RECEIVES A PUBLIC EDUCATION IN A COUNTY WHERE A PARENT
RESIDES, THIS SUBPARAGRAPH SHALL NOT APPLY; AND

(IV)    IF CUSTODY HAS BEEN AWARDED TO BOTH PARENTS OR LEGAL
GUARDIANS, AND ONE PARENT RESIDES IN A COUNTY AND THE OTHER RESIDES
OUT-OF-STATE, THE LOCAL EDUCATION AGENCY OF THE COUNTY SHALL BE
CONSIDERED THE SENDING AGENCY.

(7) "SERIOUS FAMILY HARDSHIP" MEANS:

(I)      DEATH OF A PARENT OR LEGAL GUARDIAN OF THE CHILD;

(II)     SERIOUS ILLNESS OF A PARENT OR LEGAL GUARDIAN OF THE

CHILD;
CHILD;
CHILD;
CHILD; OR

(III)   DRUG ADDICTION OF A PARENT OR LEGAL GUARDIAN OF THE

(IV)    INCARCERATION OF A PARENT OR LEGAL GUARDIAN OF THE

(V)     ABANDONMENT BY A PARENT OR LEGAL GUARDIAN OF A

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