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The Philadelphia school district has sued the Pennsylvania Milk Marketing Board, claiming the agency's price-fixing regulations cost the district $1 million a year.

The lawsuit, filed Sept. 14 in U.S. District Court, asks for a court order that would allow the district to seek competitive bids from milk suppliers outside Pennsylvania, the only state in the country that sets both wholesale and retail prices for milk products.

The state's Milk Marketing Board, which sets the minimum prices for milk products, was originally formed to protect farmers during the Great Depression. The suit contends the regulations violate the commerce clause of the U.S. Constitution as well as the district's due-process and equal-protection rights.

The school district purchases 20 million half-pints of milk every school year. The most recent pricing order, enacted in 1990, requires schools to pay 10 cents more per half-pint than the raw milk price, according to the lawsuit, while other school systems in New Jersey and Delaware can purchase milk for 5 cents less than that.

Tribe To Run Charter School

The Minnesota board of education recently approved a public charter school to be run by the Dakota tribe on the Prairie Island reservation.

About 50 students will attend the Prairie Island Community Learning Center later this fall, according to state education department officials. Students will follow an individualized education plan with a curriculum that will include Dakota language, culture, values, and indigenous games.

The state will contribute $300,000 of the school's first-year budget of $387,000. Leaders of the American Indian tribe cited their students' poor academic performance in other public and private schools as a reason for creating the school.

This is the state's second tribal charter school. The first is being run by the Sioux in the south-central part of the state.

Athlete Reinstated

An "over the hill" Virginia high school athlete will be able to play football this year, according to a federal judge who waived the state's age-limit rule for interscholastic athletes earlier this month.

Lorenzo Thompson, a star running back for Granby High School in Norfolk was barred under the Virginia High School League from playing because he turned 19 in May. The league bans players from competing who have turned 19 before Oct. 1.

U.S. District Judge Robert G. Doumar ruled the league's policy was arbitrarily applied. In the past decade, the league has granted 12 waivers and denied 29, most often granting them to players who were immigrants or had learning disabilities.

Mr. Thompson, who repeated two grades in elementary school to improve his reading and mathematics skills, was excluded from playing without adequate explanation, the judge ruled.

Vol. 14, Issue 04

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