Free English for Californians Lawsuit prompts San Dieguito school district to correct policy

San Dieguito Union High School District will no longer charge registration fees to adults looking to learn English as a second language, says associate superintendent Eric Dill.

The district's decision to stop charging the $40 fees came after a lawsuit was filed against the district by student Jennifer Chavez on November 3 of this year.

By charging enrollment fees, claimed the lawsuit, the district violated California's education code, which guarantees a person's right to a free education. The fees also dissuaded foreign-born residents from taking English courses.

California prohibits public school districts from charging fees. The rule applies to minors as well as adults who want to learn English as a second language, also known as ESL classes.

"Except as specified in this section, the governing board of the school district maintaining the class may require an adult enrolled in a class for adults to pay a fee for the class. Except as specified in Section 52613, the governing board of a school district shall not impose a charge of any kind for a class in English and citizenship or a class in an elementary subject."

Chavez signed up to take an English class on October 28 of this year. According to a screenshot taken during her registration, the district had the following message for students: "Before attending class, all students must register in person with the Adult School. There is a registration fee of $40 per semester (cash, Visa, or Mastercard)."

Chavez was not seeking monetary damages but asked the North County school district to stop charging the fees.

San Dieguito's administrators did just that.

"We discovered we were making improper charges for ESL classes in our Adult Ed program in October," said associate superintendent Dill. "We immediately ceased the charges and affirmatively refunded any students who had been charged. It is my understanding that all refunds have been processed.



"We have reviewed our print and web catalogs to ensure all charges have been removed."

Attorneys for Chavez did not respond to a request for comment and to answer whether their client plans to withdraw her lawsuit.

The story will be updated if/when a response comes.