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SPRING BRANCH INDEPENDENT SCHOOL DISTRICT v. O.W.

No. 18-20274.

961 F.3d 781 (2020)

SPRING BRANCH INDEPENDENT SCHOOL DISTRICT, Plaintiff-Appellant v. O.W., BY next friend HANNAH W., Defendant-Appellee Hannah W., as Parent/Guardians/Next Friends of O.W., an Individual with a Disability; Daniel W., as Parents/Guardians/Next Friends of O.W., an Individual with a Disability; O.W., Plaintiffs-Appellees v. Spring Branch Independent School District, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED June 12, 2020.

Attorney(s) appearing for the Case

Amy C. Tucker , Jonathan Griffin Brush , Rogers, Morris & Grover, L.L.P., Houston, TX, for Plaintiff-Appellant Spring Branch Independent School District.

Sonja D. Kerr, Esq. , Connell Michael Kerr, L.L.P., Austin, TX, Dorene J. Philpot , Philpot Law Office, P.C., Galveston, TX, for Plaintiffs-Appellants Hannah W., Daniel W.

Sonja D. Kerr, Esq. , Connell Michael Kerr, L.L.P., Austin, TX, Dorene J. Philpot , Philpot Law Office, P.C., Galveston, TX, for Defendant-Appellee.

Cristina Torres , Attorney, Marc Daniel Katz , DLA Piper, L.L.P. (US), Dallas, TX, for Amicus Curiae Disability Rights Texas.

Dianna Dawn Bowen , Thompson & Horton, L.L.P., Dallas, TX, Jessica Witte , Thompson & Horton, L.L.P., Austin, TX, for Amicus Curiae Texas Association of School Boards Legal Assistance Fund.

Selene Ann Almazan-Altobelli , Council of Parent Attorneys & Advocates, Incorporated, Towson, MD, Cristina Torres , Attorney, Marc Daniel Katz , DLA Piper, L.L.P. (US), Dallas, TX, for Amicus Curiae Council of Parent Attorneys and Advocates, Incorporated.

Before HIGGINSON and WILLETT, Circuit Judges, and BROWN, District Judge.

ON PETITION FOR REHEARING

Upon panel rehearing, we withdraw our prior opinion, Spring Branch Indep. Sch. Dist. v. O.W., 938 F.3d 695 (5th Cir. 2019), and substitute the following:

After years of private schooling, O.W., a minor, enrolled in the fifth grade...

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