ON BEHALF OF v. HAWAII DEPARTMENT OF EDUCATION (2018)

United States Court of Appeals, Ninth Circuit.

R.E.B., individually and ON BEHALF OF his minor child, J.B., Plaintiff-Appellant, v. State of HAWAII DEPARTMENT OF EDUCATION; Kathryn Matayoshi, in her official capacity as Superintendent of the Hawaii Public Schools, Defendants-Appellees.

No. 14-15895

Decided: April 03, 2018

Before: Michael Daly Hawkins, Carlos T. Bea, and Jacqueline H. Nguyen,* Circuit Judges.

ORDER

The panel, as reconstituted, has voted to grant Defendants-Appellees' Petition for Panel Rehearing. Judges Bea and Nguyen have voted to deny the Petition for Rehearing En Banc, and Judge Hawkins so recommended.

The Petition for Panel Rehearing is GRANTED. The Opinion and dissent filed on September 13, 2017, are withdrawn, and this case is resubmitted pending further order of this court.

The Petition for Rehearing En Banc is DENIED as moot.

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