Manjares

-I dissent. I would reverse the judgment for the reasons expressed by Mr. Presiding Justice Draper in the opinion prepared by him for the District Court of Appeal in Manjares v. Newton (Cal.App.) 44 Cal.Rptr. 343 . As declared in that opinion, “There is testimony that reasons of safety, economy and policy support the board’s decision. The contrary evidence, given its utmost effect, shows only that there may be some basis for contrary conclusions on these questions. But under the statute [Ed. Code, § 16801], the decision is for the board, and not the courts. At most, the wisdom of the board’s decision is reasonably debatable. That is not enough to warrant the finding [of abuse of discretion] here made.”

Defendants, members of the Board of Education of the Carmel Unified School District (hereinafter called the board), appeal from a judgment of the trial court ordering them to provide transportation to eight of the ten minor plaintiffs from their homes to their respective schools. 1 Robert and Carol Manjares, parents of seven of the children, and Marion and May Wallace, parents of the other three, represent the minor plaintiffs in this action. The issues for determination are whether a school board’s decision, made without a hearing, that school buses which serve the district will not furnish transportation to certain areas in the district, is subject to judicial review and, if so, whether the trial court was correct in holding that the board abused its discretion and *367 acted in an arbitrary and capricious manner in refusing to provide transportation to the minor plaintiffs. As hereinafter discussed, both of these questions require an affirmative answer.

Section 16801 of the Education Code provides in part: “The governing board of any school district may provide, with the written approval of the county superintendent of schools, for the transportation of pupils to and from…