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Rules Bent for Veteran : Schools Exempt Disabled Man From Fees After House Is Remodeled

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Times Staff Writer

David Shelton discovered Tuesday that local government sometimes has a heart.

The 70-year-old Hillcrest resident--totally disabled because of a World War II head injury--is remodeling his home under a special Veterans Administration grant so he can move around in a wheelchair and provide a room for an in-home nurse.

Shelton’s home is exempt from California property taxes because of his disability, but under policies of the San Diego Unified School District, his remodeling required him to pay $1,281 in school fees because the construction comes under the heading of new development.

Had Already Paid the School Fee

New developments--whether a room or a subdivision--must pay fees under the premise that new construction means new families with children who will require new schools.

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Shelton reluctantly paid the $1,281 in August after being told that his situation did not qualify for a fee exemption because the remodeling was not intended to repair damage caused by an act of God, such as fire, lightning, wind storms or explosions.

But Shelton intended to appeal the decision to the full school board Tuesday, but with little hope of winning. The district’s property manager, J.V. Ward, had said Monday that an exemption for Shelton could open up a host of exemptions and cost the district needed fees.

Asked to Create New Category

But as Shelton hobbled toward the speaker’s microphone at Tuesday’s board meeting, school Supt. Tom Payzant asked board members to create a new category for totally disabled veterans.

“I thought I’d take a closer look at this and see if we could define a new category of exemption--narrowly defined (because of our revenue needs)--but to allow an exemption for persons such as Mr. Shelton,” Payzant said.

Shelton had need to say almost no words. The board voted unanimously to waive its policy in Shelton’s case and to refund his money immediately. Ward was asked to come with a new policy to exempt similar cases.

“I guess that I felt maybe it was a special category,” Payzant said after the vote.

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