United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 17, 2003 Charles R. Fulbruge III Clerk No. 01-31026

TRAVIS PACE Plaintiff-Appellant versus

THE BOGALUSA CITY SCHOOL BOARD; LOUISIANA STATE BOARD OF ELEMENTARY AND SECONDARY EDUCATION; THE LOUISIANA DEPARTMENT OF EDUCATION; THE STATE OF LOUISIANA Defendants-Appellees - - - - - Appeal from the United States District Court for the Eastern District of Louisiana - - - - - ON PETITIONS FOR REHEARING EN BANC (Opinion March 24, 2003, 5 Cir., 2003, _____F.3d____)

BEFORE: KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS and PRADO, Circuit Judges.1 BY THE COURT: A member of the Court in active service having requested a poll on the petitions for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that this cause shall be reheard by the

Judge Clement is recused and did not participate in this decision. court en banc with oral argument on a date hereafter to be fixed.

The Clerk will specify a briefing schedule for the filing of supplemental briefs.