[Ord. No. 10-15]
A section to prohibit and penalize: (i) any parent or other person enrolling a student in the Borough of East Newark School District, or (ii) any parent or other person enrolling a student in the Harrison High School claiming that his or her child is a resident of East Newark, seeking free of charge education when such student is ineligible for free of charge education.
a. 
It shall be unlawful for any person who is 18 years old and older to:
1. 
Knowingly register or enroll a student in the Borough of East Newark School District, or Harrison High 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
2. 
Knowingly assist, aid, or permit a student to register or enroll in the Borough of East Newark School District or Harrison High 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
3. 
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 Borough of East Newark School District or Harrison High School District when the student is ineligible to attend free of charge pursuant to N.J.S.A. Title 18A; or
4. 
Does not notify or inform the Borough of East Newark School District or Harrison High 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 Borough of East Newark School District or Harrison High School District.
Upon the request of the Borough of East Newark School District or Harrison High School District, the parent or guardian of a student registered in the Borough of East Newark School District or the Harrison High School District shall be required to complete documentation intended to determine the student's eligibility to attend school in the Borough of East Newark School District or the Harrison High 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 Borough of East Newark School District or the Harrison High School District in their residence, must register with the Borough of East Newark School District or the Harrison High School District when such other families no longer reside with the resident.
a. 
Subsections 36-1.1, 36-1.2 and 36-1.3 may be enforced by the administrative officials of the Borough of East Newark School District in their sole discretion.
b. 
Section 36-1 shall also apply to a parent or guardian who improperly claims his or her child is a resident of the Borough of East Newark, when the child is not such a resident, and sends his or her child to the Harrison High School. As such, all provisions of this Section 36-1 will apply to such improper conduct, including, but not limited to, the penalty provisions of this section.
Any person violating the provisions of subsections 36-1.1, 36-1.2 and 36-1.3 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 Borough of East Newark Board of Education. In determining the amount of restitution, the Municipal Court of the Borough of East Newark, Hudson County shall include amounts incurred by the Borough of East Newark Board of Education or Harrison High School 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 East Newark, Hudson County, shall be paid to the Borough of East Newark Board of Education or the Harrison High School 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 Borough of East Newark Board of Education or the Harrison High School Board of Education to the Municipal Court of the Borough of East Newark, be converted into liens against the properties of the offending parties.