FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT R. E. B., individually and on behalf of No. 14-15895 his minor child, J.B., Plaintiff-Appellant, D.C. No. 1:13-cv-00016- v. DKW-BMK STATE OF HAWAII DEPARTMENT OF EDUCATION; KATHRYN MATAYOSHI, ORDER in her official capacity as Superintendent of the Hawaii Public Schools, Defendants-Appellees.

Filed April 3, 2018 Before: Michael Daly Hawkins, Carlos T. Bea, and Jacqueline H. Nguyen,* Circuit Judges.

* Judge Kozinski, originally a member of the panel, retired before action could be taken on these petitions. Judge Nguyen was drawn in his place.

2 R.E.B. V. STATE OF HAWAII DEP’T OF EDUC.

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 The Opinion and dissent filed on September 13, 2017, are withdrawn, and this case is resubmitted pending further order of this court.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