[HISTORY: Adopted by the Mayor and Council of the Borough
of Wallington 3-31-2016 by Ord.
No. 2016-5. Amendments noted where applicable.]
This chapter shall be known as "Ineligible Student Enrollment
Prohibition."
The purpose of this chapter is to prohibit and penalize any
parent or other person enrolling a student in the Wallington School
District seeking free-of-charge education when such student is ineligible
for free-of-charge education.
It shall be unlawful for any person over the age of 18 to:
A.
Knowingly register or enroll a student in the Wallington School District
seeking free-of-charge education or maintain the enrollment of a student
receiving free-of-charge education when the student is ineligible
for free-of-charge education pursuant to N.J.S.A. Title 18A; or
B.
Knowingly assist, aid or permit a student to register or enroll in
the Wallington School District seeking free-of-charge education when
the student is ineligible to attend free of charge pursuant to N.J.S.A.
Title 18A; or
C.
Knowingly permit his or her name, address or other residence designating
documentation to be utilized in the registration or enrollment of
any student seeking free-of-charge education in the Wallington School
District when the student is ineligible to attend free of charge pursuant
to N.J.S.A. Title 18A; or
D.
Not notify or inform the Wallington School District when a student
is no longer a resident in the household of that person who had previously
knowingly permitted his or her name, address or other residence designating
documentation to be utilized in the registration or enrollment of
the student in the Wallington School District.
Upon the request of the Wallington School District, the parent
or guardian of a student registered in the Wallington School District
shall be required to complete a questionnaire intended to determine
the student's eligibility to attend school in the Wallington
School District free of charge in accordance with N.J.S.A. Title 18A.
All residents hosting other families, with a student enrolled in the
Wallington School District in their residence, must register with
the Wallington School District and must notify the Wallington School
District when such other families no longer reside with the resident.
The provisions of this chapter may be enforced by the administrative
officials of the Wallington School District and by law enforcement
officials of the Borough of Wallington.
Any person violating the provisions of this chapter shall, upon
conviction thereof, be sentenced to pay a fine of up to $2,000 and
to the maximum lawful extent make restitution to the Wallington Board
of Education. In determining the amount of restitution, the Municipal
Court of the Borough of Wallington, Bergen County, shall include amounts
incurred by the Wallington Board of Education, including but not limited
to tuition costs, investigation expenses and attorneys' fees.
Restitution ordered by the Municipal Court of the Borough of
Wallington, Bergen County, shall be paid to the Wallington Board of
Education within 30 days of such an order being final and not subject
to further appeal. Unpaid restitution and fines may, upon the petition
of the Wallington Board of Education to the Municipal Court of the
Borough of Wallington, be converted into liens against the properties
of the offending parties.
Each section, subsection, sentence, clause and phrase of this
chapter is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this chapter to be unconstitutional, void or ineffective for any
cause, or reason, shall not affect any other portion of this chapter,
except as provided for herein, all other provisions of the chapter
shall remain in full force and effect.
