On remand from the United States Supreme Court’s opinion in Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls, — U.S.-, 122 S.Ct. 2559, 153 L.Ed.2d 735 (2002), we vacate our prior opinion, order and mandate, and we remand to the district court to grant summary judgment in favor of the Board of Education and the School District.

REMANDED.