UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 08-4138 J.S., a minor, through her parents; TERRY SNYDER; STEVEN SNYDER, Appellants v. BLUE MOUNTAIN SCHOOL DISTRICT; JOYCE ROMBERGER; JAMES McGONIGLE (MDPA Civil Action No. 07-cv-00585) PRESENT: SCIRICA, Chief Judge, SLOVITER, McKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN and GREENAWAY, Circuit Judges ORDER Upon consideration of the petition for rehearing filed by appellants and the answer filed by appellees, it is hereby O R D E R E D that the petition for rehearing en banc is granted. It is FURTHER ORDERED that the opinion and judgment filed February 4, 2010, are hereby vacated.

The matter will be argued before the en banc court on Thursday, June 3, 2010, at 10:00 a.m.

By the Court,

/s/ Anthony J. Scirica Chief Judge Date: April 9, 2010 tmk/cc: Mary E. Kohart, Esq.

Aliceson K. Littman, Esq.

Mary Catherine Roper, Esq.

Tara S. Sarosiek, Esq.

Witold J. Walczak, Esq.

Jonathan P. Riba, Esq.

Robert D. Richards, Esq.

Marsha L. Levick, Esq.

Lourdes M. Rosado, Esq.