Booth v. Ware County Board of Education

Duckworth, Chief Justice,

dissenting. By our Constitution (Code Ann. § 2-6801; Const, of 1945) and the state laws regarding local boards of education adopted pursuant thereto (see Code Ch. 32-9, as amended; and particularly Code Ann. § 32-915; Ga. L. 1946, pp. 206, 207; Code Ann. § 32-933'; Ga. L. 1963, pp. 617, 618; and Code Ann. § 32-954; Ga. L. 1953, Nov. Sess., pp. 282, 283, among others), a duty is imposed upon the school boards to exercise their discretion and judgment in the operation of the schools. This power is surrendered by that portion of the agreement by this local board executed with the federal department, wherein they obligated themselves to conform with unknown future guidelines or regulations issued or to be issued by the federal department of education pursuant to the federal statute. There could be a price — in the form of future requirements by federal officials — too high to pay for the money they offer. School officials should remain free to exercise their judgment as to whether they will approve something that does not now exist.

I cannot therefore concur in Division 4 of the majority opinion, and since, in my judgment, the petition does allege a cause of action for some of the relief sought, it is not subject to the general demurrer. Accordingly, I must dissent from the majority opinion and judgment of affirmance.

I am authorized to state that Justice Mobley concurs in this dissent.