Ch. 535                                    2004 LAWS OF MARYLAND

5-107.

THE EDUCATION DEPARTMENT SHALL BE RESPONSIBLE FOR PREPARING,
MAINTAINING, AND RETAINING THE ACADEMIC RECORDS FOR EACH CHILD WHO IS
PLACED IN THE CUSTODY OF THE DEPARTMENT.

5-108.

(A) THE BOARD SHALL HIRE AND OTHERWISE UTILIZE TEACHERS AND OTHER
SCHOOL PROFESSIONAL STAFF WHO ARE SUBJECT TO THE SAME CERTIFICATION
AND QUALIFICATION REQUIREMENTS OF TITLE 6 OF THE EDUCATION ARTICLE.

(B) THE PROVISIONS OF TITLE 6 OF THE EDUCATION ARTICLE SHALL APPLY
TO THE PERSONNEL OF THE EDUCATION DEPARTMENT.

5-109.

ON THE WRITTEN RECOMMENDATION OF THE SUPERINTENDENT AND SUBJECT
TO THE PROVISIONS OF THE EDUCATION ARTICLE, THE BOARD SHALL:

(1) APPOINT ALL PRINCIPALS, TEACHERS, AND OTHER CERTIFICATED
AND NONCERTIFICATED PERSONNEL; AND

(2) SET THEIR SALARIES.
5-110.

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

(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 THE EDUCATION ARTICLE.

(3) "CHILD IN AN OUT OF HOME LIVING ARRANGEMENT" MEANS A
CHILD WHO IS IN THE CUSTODY OF THE DEPARTMENT.

(4) "FINANCIALLY RESPONSIBLE COUNTY" MEANS:

(I) THE COUNTY IN WHICH THE PARENT OR LEGAL GUARDIAN OF
A CHILD IN AN OUT OF HOME LIVING ARRANGEMENT RESIDES;

(II) IF THE PARENTS OF THE CHILD LIVE APART, THE COUNTY IN
WHICH THE PARENT WHO HAS BEEN AWARDED CUSTODY OF THE CHILD RESIDES; OR

(III) IF CUSTODY HAS NOT BEEN AWARDED, THE COUNTY IN WHICH
THE PARENT WITH WHOM THE CHILD LIVES WHEN NOT IN A FOSTER CARE HOME OR
RESIDENTIAL FACILITY RESIDES.

(B) A CHILD WHO IS PLACED IN AN OUT OF HOME LIVING ARRANGEMENT
WITH THE DEPARTMENT SHALL RECEIVE AN APPROPRIATE EDUCATION FROM THE
EDUCATION DEPARTMENT.

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