PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 08-3630

C.H., by and through his parents and next friends, Timothy and Barbara Hayes

v.

CAPE HENLOPEN SCHOOL DISTRICT; GEORGE E. STONE, Superintendent of Schools Cape Henlopen School District; DELAWARE DEPARTMENT OF EDUCATION; VALERIE A. WOODRUFF, Secretary, Delaware Department of Education

C.H. Hayes; Barbara Hayes,

Appellants

On Appeal from the United States District Court for the District of Delaware (D.C. No. 1-07-cv-00193) District Judge: Honorable Mary Pat Thynge

Submitted Pursuant to Third Circuit LAR 34.1(a) April 12, 2010

Before: FISHER, HARDIMAN and COWEN, Circuit Judges.

ORDER AMENDING OPINION

IT IS HEREBY ORDERED that the opinion in the above case, filed May 25, 2010, be amended as follows: Page 26, the last sentence of the first full paragraph, which read: Accordingly, we also will also affirm the denial of the Parents’ request for tuition reimbursement on equitable grounds.

shall read: Accordingly, we will also affirm the denial of the Parents’ request for tuition reimbursement on equitable grounds.

By the Court,

/s/ D. Michael Fisher Circuit Judge Dated: 26 May 2010