[HISTORY: Adopted by the Borough Council of the Borough of
Pemberton 7-21-2014 by Ord. No.
2014-7. Amendments noted where applicable.]
A.Â
Parent or guardian. It shall be unlawful for any parent or guardian
to assist, aid, abet, allow, permit, suffer or encourage his or her
child to illegally register or enroll in the Township of Pemberton
School District ("District") where the child is ineligible to attend
as a result of the child's nonresident status.
B.Â
Resident. It shall be unlawful for any resident to knowingly permit
his or her name, address or other residence-designating documentation
to be utilized in the registration or enrollment of any nonresident
student in the District unless previous approval has been granted
by the District's Superintendent in accordance with N.J.S.A.
18A:38-1 et seq.
Any person who fraudulently allows a child of another person
to use his or her residence and is not the primary financial supporter
of that child, and any parent or guardian who fraudulently claims
to have given up custody of his or her child to a Borough resident,
commits a disorderly persons offense. There shall be a presumption
that a violation of this chapter has occurred upon a finding by the
District Board of Education that there has been a fraudulent enrollment,
which finding is not appealed to the Commissioner of Education, or
following an appeal to the Department of Education, the Commissioner
of Education finds that the child was fraudulently enrolled in the
District.
A person who violates this chapter shall be subject to a fine,
upon conviction, of not more than $1,000. The Municipal Court may
also order restitution prorated to the time of the child's ineligible
attendance in the District. Such tuition shall be computed on a basis
of 1/180 of the total annual per-pupil cost to the District multiplied
by the number of days of ineligible attendance. Failure to pay the
fine and/or restitution may result in the imposition of a lien against
the property utilized to facilitate the fraudulent enrollment.
