Sec. 13a.08.05.02. General Provisions

A. A county superintendent shall allow a child who is a Maryland resident to attend a public school in a county or school attendance area other than the county or school attendance area where the child is domiciled with the child's parent or legal guardian if:

(1) The child lives with a relative providing informal kinship care in the county or school attendance area; and

(2) The relative verifies the informal kinship care relationship through a sworn affidavit in the form and as specified in Regulations .04-.06 of this chapter.

B. If a change occurs in the care or in the serious family hardship of the child, the relative providing informal kinship care for the child shall notify the local school system in writing within 30 days after the change occurs.

C. The relative providing informal kinship care shall make reasonable efforts to inform the parent or legal guardian of the child of the informal kinship care relationship.

D. The relative providing informal kinship care shall make the full range of educational decisions for the child unless the court:

(1) Appoints a guardian for the child; or

(2) Awards custody of the child to someone other than the relative providing informal kinship care.

E. The parent or legal guardian of a child in an informal kinship care relationship shall have final decision-making authority regarding the educational needs of the child.

F. Education funding of a child in informal kinship care shall be provided in accordance with Education Article, §4-122.1, Annotated Code of Maryland.

G. A child in an informal kinship care relationship shall receive an appropriate education from the receiving agency.

H. The receiving agency shall include a child enrolled as the result of an informal kinship care relationship in its full-time equivalent enrollment as provided by Education Article, §5-202(a), Annotated Code of Maryland.