In this subtitle the following words have the meanings indicated. “Child in State–supervised care” means a child who is in the custody of, committed to, or otherwise placed by a placement agency. “Noncollegiate educational institution” has the meaning stated in § 2–206 of this article. “Notice” means that written, verbal, or other communication regarding the identification of a child in State–supervised care has been effectuated. “Placement agency” means: A local department of social services; The Maryland Department of Health; The Department of Juvenile Services; or A private agency that: Engages in the placement of children in homes or with individuals; and Is licensed by the Social Services Administration under § 5–507 of the Family Law Article. “Receiving school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State–supervised care is newly enrolled or seeks to enroll. “Sending school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State–supervised care was enrolled prior to enrolling, or seeking to enroll, in a receiving school.

It is the intent of the General Assembly that the State promote the education and well-being of children in State-supervised care by facilitating: The prompt enrollment of children in State-supervised care in an appropriate public school or noncollegiate educational institution affiliated with a residential child care program or treatment facility; and The prompt transfer of the educational records of children in State-supervised care.

Prior to or concurrent with the placement or modification of the placement of a child in State-supervised care, a placement agency responsible for the child in State-supervised care or the placement agency’s designee shall provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care. The parent, education guardian, parent surrogate, foster parent, court-appointed attorney, or court-appointed special advocate acting on behalf of the child in State-supervised care may provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care. After receiving notice under subsection (a) or (b) of this section, a receiving school shall fulfill the requirements of § 8-504(a) of this subtitle.

Within 2 school days after receiving notice under § 8-503 of this subtitle, a receiving school shall: Inform the sending school of the enrollment or imminent enrollment of the child in State-supervised care; Request, in writing, the educational records of the child in State-supervised care from the sending school; Provide a copy of the request made under item (2) of this subsection to the child in State-supervised care or the responsible adult acting on behalf of the child in State-supervised care; and Inform the child in State-supervised care, or the responsible adult acting on behalf of the child in State-supervised care, of the rights conferred by this subtitle. After receiving notice under subsection (a) of this section, a sending school shall: Immediately inform the receiving school orally of the grade level in which the child in State-supervised care was last enrolled; Immediately inform the receiving school orally of the status of the child in State-supervised care under the federal Rehabilitation Act of 1973 codified at 29 U.S.C. § 794 (§ 504) or under the federal Individuals with Disabilities Education Act codified at 20 U.S.C. § 1400; and Within 3 school days following receipt of notice from the receiving school, send by mail or transmit electronically to the receiving school a copy of: A completed student withdrawal or transfer record of the child in State-supervised care; The academic records of the child in State-supervised care; The immunization records of the child in State-supervised care; and If applicable, the most recent individualized education plan or § 504 plan and the most recent assessment of the child in State-supervised care. Notwithstanding subsection (b)(3) of this section, a placement agency or school employee may hand carry the documents listed in subsection (b)(3) of this section from a sending school to a receiving school.

Each county board shall establish a dispute resolution process to address disputes regarding the requirements imposed and the rights conferred by this subtitle. During the dispute resolution process the child in State-supervised care shall remain enrolled in the receiving school. A child in State-supervised care who is the subject of a dispute shall be provided appropriate educational services including the implementation of an existing individualized education program. The Department shall adopt regulations to implement this section on or before January 1, 2006.

The Department shall ensure that each county board takes reasonable measures to implement this section. A county board shall inform: Principals, teachers, and other school personnel in the county of the requirements imposed by this subtitle; Children in State-supervised care and responsible adults acting on behalf of children in State-supervised care of the rights conferred by this subtitle; and Other interested parties of the requirements imposed and the rights conferred by this subtitle. The Department shall adopt regulations to implement this section on or before January 1, 2006.

In this section, “basic cost” means the average amount spent by a county board from county and State funds for the public education of a nondisabled child. A county board shall reimburse the Department of Juvenile Services or the Department of Human Services the amount of the basic cost calculated under subsection (a) of this section for each child who was domiciled in the county prior to the placement if: The Department of Juvenile Services or the Department of Human Services places a child who is in State–supervised care in a nonpublic residential placement that also provides the education program for the child; The child does not meet the criteria for shared State and local payment of educational costs as provided in §§ 8–406 and 8–415 of this title; and The child was included in the full–time equivalent enrollment of the county as calculated under § 5–202 of this article.