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Discretion

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  • Boards of Education
  • General Assistance Program
Boards of Education
A local board of education may, in its discretion, grant extended sick leave benefits to a tenured teaching staff member beyond the allowed annual and accumulated sick leave. Since no vested rights result, however, the board's action rescinding such benefits is not arbitrary since a board has discre- tionary authority to rescind any action taken at an earlier meeting. Decision: 2 N.J.A.R. 327
While a board of education has the authority to withhold an increment, a lack of knowledge on the part of the teachers and principals as to the criteria used by the school superintendent in making his recommendation to the board renders such a denial arbitrary. Decision: 2 N.J.A.R. 199
General Assistance Program
While under the General Assistance Program, payments for hospitalization are within the discretion of most local welfare directors, that discretion must be in keeping with the general purpose of the statute establishing the program and may not be used to deny an individual the medical care to which he is entitled. Decision: 1 N.J.A.R. 448


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