Johnson, 020580 MSAGO, 19800205

Docket Nº:19800205
Case Date:February 05, 1980
Court:South Carolina
Mr. Charles E. Johnson
No. 19800205
Mississippi Attorney General Opinions
February 5, 1980
         § 37-39-15, § 37-7-307, § 37-9-59, and § 37-59-43          Mr. Charles E. Johnson          Superintendent          Department of Education          Post Office Box 785          Woodville, Mississippi 39669          Dear Mr. Johnson:          Attorney General Allain has received your opinion request dated January 16, 1980 and has assigned it to me for research and reply, your opinion request being in question form which questions with the office's responses thereto follow:          1. Q. “Is it mandatory for a school district to advertise to bidders to purchase foods for the breakfast and lunch programs?”          A. Section 37-39-15, Mississippi Code of 1972:
         “Supplies that are perishable or foods purchased for use in connection with the school lunch and homemaking programs shall be exempted from competitive bid requirements of this chapter. However, each school board shall adopt and place in its minutes definite policies for guidance of agents of such boards in connection with purchases of perishable supplies or food which are unstable or variable in price. Such policies shall have the effect of law and any violation shall be subject to the penalties as provided by law.”
         2. Q. “Can a local school district set a mandatory retirement age, or are we obligated to follow the federal retirement age of 70?”          A. Public law 95-256, commonly known as Age Discrimination In Employment Act of 1978 (copy of which is enclosed) is rather comprehensive in its scope and apparently includes school...

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