ROBERT L. EHRLICH, JR., Governor                             Ch. 481

(II) IN A FAMILY IN WHICH THE PARENTS OF THE CHILD LIVE
APART:

1. THE COUNTY WHERE THE PARENT WHO HAS BEEN
AWARDED CUSTODY OF THE CHILD RESIDES; OR

2. IF CUSTODY HAS NOT BEEN AWARDED, THE COUNTY
WHERE THE PARENT WITH WHOM THE CHILD LIVES WHEN NOT IN A FOSTER CARE
HOME OR FACILITY RESIDES.

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

(B) A CHILD WHO IS PLACED IN A STEP-DOWN AFTERCARE PROGRAM, AS
DESCRIBED IN § 2-127.1 OF THIS SUBTITLE, SHALL RECEIVE AN APPROPRIATE
EDUCATION FROM THE STATE DEPARTMENT OF EDUCATION.

(C) (1) THE DEPARTMENT SHALL KEEP RECORDS CONCERNING:

(I) THE NUMBER OF CHILDREN IN THE CUSTODY OF THE
DEPARTMENT;

(II) THE FINANCIALLY RESPONSIBLE COUNTY FOR EACH CHILD;

AND

(III) THE NUMBER OF DAYS THAT EACH CHILD IS IN THE CUSTODY
OF THE DEPARTMENT.

(2) THE STATE DEPARTMENT OF EDUCATION SHALL DETERMINE THE
AMOUNT EACH FINANCIALLY RESPONSIBLE COUNTY OWES TO THE STATE
DEPARTMENT OF EDUCATION BASED ON THE LOCAL CURRENT EXPENSE PER
STUDENT.

(3) EACH FINANCIALLY RESPONSIBLE COUNTY SHALL REIMBURSE THE
STATE DEPARTMENT OF EDUCATION FOR THE EDUCATION OF EACH CHILD FROM
THE FINANCIALLY RESPONSIBLE COUNTY BASED ON THE NUMBER OF CHILDREN IN
THE CUSTODY OF THE DEPARTMENT FROM THE PRIOR YEAR.

(D) (1) EACH YEAR THE STATE DEPARTMENT OF EDUCATION SHALL NOTIFY
THE STATE SUPERINTENDENT OF SCHOOLS OF THE NAME OF EACH CHILD UNDER
THE JURISDICTION OF THE DEPARTMENT WHO IS RECEIVING EDUCATIONAL
SERVICES FROM THE STATE DEPARTMENT OF EDUCATION AND MAKE A
PRELIMINARY DETERMINATION OF THE FINANCIALLY RESPONSIBLE COUNTY FOR
EACH CHILD.

(2) THE STATE DEPARTMENT OF EDUCATION SHALL SEND A COPY OF
THE PRELIMINARY DETERMINATION DESCRIBED IN PARAGRAPH (1) OF THIS
SUBSECTION TO THE FINANCIALLY RESPONSIBLE COUNTY AND TO THE STATE
SUPERINTENDENT OF SCHOOLS.

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