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From The Davis Enterprise

Date: 8/23/07

State board OK's matching funds for Montgomery

By Jeff Hudson

Enterprise staff writer

After years of appeals, the Davis school district prevailed Wednesday in its effort to secure $4.5 million in state matching funds for construction of Marguerite Montgomery Elementary, where construction was completed in 2003.

The State Allocation Board voted 7-3 in the district's favor after Assemblywoman Lois Wolk, Sen. Mike Machado, and Yolo County Supervisor Helen Thomson laid out the district's case.

Wolk hailed the decision to uphold the appeal.

"This was a victory for the schoolchildren of Davis, a triumph of fairness and common sense over bureaucracy and red tape," she said. "I am grateful for the persistence and unity the Davis school board demonstrated in pursuing these funds. Many would have given up after our first attempt. Even I had my doubts. The allocation board set aside politics and did the right thing for the kids."

Jim Provenza, president of the Davis school board, said it was "a red-letter day" for the school district, and praised Wolk, Machado and Thomson for their assistance.

School board trustee Keltie Jones credited Provenza, an attorney with the Los Angeles District Attorney's Office in Sacramento.

"We benefited from your expertise in the state Capitol," she said.

It is not immediately clear how the Davis school district will use the money, which can be spent only on facilities.

Pending projects include modernization of Emerson Junior High and replacement of the aging multipurpose room at Davis High with a new student commons building, and perhaps construction of a permanent home for Da Vinci High School, once a location for that program is determined.

In detailing the appeal before the state board, Wolk acknowledged that "numerous mistakes were made" when the district first applied for matching funds in July 2002. She noted that the district was eligible for matching funds when it applied, but that the application was denied after being turned in late due to a misunderstanding of state regulations.

Several school districts appealed similar decisions, so the board gave those districts a second chance to apply.

Wolk said that the Davis school district was also eligible for the matching funds when a second application was filed in April 2003. The district hoped to take advantage of a "grandfathering" period created by the state board for districts that had missed the deadline. By that time, Davis students had already been using the classrooms at Montgomery Elementary for months.

But action on that second application was put on hold after Gov. Arnold Schwarzenegger put a freeze on new state regulations soon after his October 2003 election.

By the time the freeze was lifted in May 2004, the Davis school district's enrollment had begun declining. Because of that, the state denied the request for $4.5 million in matching funds for Montgomery Elementary.

A third district application for the state money was discussed by the State Allocation Board in January. The board deferred a decision at that time, asking for an opinion from the attorney general's office as to whether it had the authority to consider the appeal.

On Wednesday, Wolk told the State Allocation Board that since January, "the district has a new superintendent, and a new business officer. ... Heads have rolled, indeed."

"I ask you not to penalize the children who are not responsible for the mistakes" made by the district in the past, Wolk said, describing the $4.5 million sought by the district as "critical" to the district's future construction plans.

Thomson likewise mentioned that "many changes had been made" in the district. She apologized for "the high-handed and arrogant manner" in which earlier appeals had been argued.

The bottom line, Thomson said, is "the school district does need money for this school."

Machado referred to the long, convoluted process of the appeals, saying that "neither the Davis district nor the (state) board could have seen that the district would fall out of eligibility" during the various delays caused by mistakes made in applications and political turmoil in Sacramento.

— Reach Jeff Hudson at jhudson@davisenterprise.net or 747-8055.

From The Davis Enterprise Date: 8/23/07 State board OK's matching funds for Montgomery By Jeff Hudson Enterprise staff writer After years of appeals, the Davis school district prevailed Wednesday in its effort to secure $4.5 million in state matching funds for construction of Marguerite Montgomery Elementary, where construction was completed in 2003. The State Allocation Board voted 7-3 in the district's favor after Assemblywoman Lois Wolk, Sen. Mike Machado, and Yolo County Supervisor Helen Thomson laid out the district's case. Wolk hailed the decision to uphold the appeal. "This was a victory for the schoolchildren of Davis, a triumph of fairness and common sense over bureaucracy and red tape," she said. "I am grateful for the persistence and unity the Davis school board demonstrated in pursuing these funds. Many would have given up after our first attempt. Even I had my doubts. The allocation board set aside politics and did the right thing for the kids." Jim Provenza, president of the Davis school board, said it was "a red-letter day" for the school district, and praised Wolk, Machado and Thomson for their assistance. School board trustee Keltie Jones credited Provenza, an attorney with the Los Angeles District Attorney's Office in Sacramento. "We benefited from your expertise in the state Capitol," she said. It is not immediately clear how the Davis school district will use the money, which can be spent only on facilities. Pending projects include modernization of Emerson Junior High and replacement of the aging multipurpose room at Davis High with a new student commons building, and perhaps construction of a permanent home for Da Vinci High School, once a location for that program is determined. In detailing the appeal before the state board, Wolk acknowledged that "numerous mistakes were made" when the district first applied for matching funds in July 2002. She noted that the district was eligible for matching funds when it applied, but that the application was denied after being turned in late due to a misunderstanding of state regulations. Several school districts appealed similar decisions, so the board gave those districts a second chance to apply. Wolk said that the Davis school district was also eligible for the matching funds when a second application was filed in April 2003. The district hoped to take advantage of a "grandfathering" period created by the state board for districts that had missed the deadline. By that time, Davis students had already been using the classrooms at Montgomery Elementary for months. But action on that second application was put on hold after Gov. Arnold Schwarzenegger put a freeze on new state regulations soon after his October 2003 election. By the time the freeze was lifted in May 2004, the Davis school district's enrollment had begun declining. Because of that, the state denied the request for $4.5 million in matching funds for Montgomery Elementary. A third district application for the state money was discussed by the State Allocation Board in January. The board deferred a decision at that time, asking for an opinion from the attorney general's office as to whether it had the authority to consider the appeal. On Wednesday, Wolk told the State Allocation Board that since January, "the district has a new superintendent, and a new business officer. ... Heads have rolled, indeed." "I ask you not to penalize the children who are not responsible for the mistakes" made by the district in the past, Wolk said, describing the $4.5 million sought by the district as "critical" to the district's future construction plans. Thomson likewise mentioned that "many changes had been made" in the district. She apologized for "the high-handed and arrogant manner" in which earlier appeals had been argued. The bottom line, Thomson said, is "the school district does need money for this school." Machado referred to the long, convoluted process of the appeals, saying that "neither the Davis district nor the (state) board could have seen that the district would fall out of eligibility" during the various delays caused by mistakes made in applications and political turmoil in Sacramento. — Reach Jeff Hudson at jhudson@davisenterprise.net or 747-8055.