| (a) Written Discovery. Requests for disclosure of information
shall be the only form of written discovery that the parties are entitled
to make. Unless a party is ordered by the IHO during a pretrial conference
to disclose other information in addition to the items in this section,
a party may request in writing that the other party disclose or produce
the following:
(1) the names, addresses, and phone numbers of persons
having knowledge of relevant facts, including those who might be called
as witnesses and any expert who might be called to testify;
(2) for any testifying expert:
(A) the subject matter on which the expert will testify;
(B) the expert's summary; and
(C) a brief summary of the substance of the expert's
mental impressions and opinions and the basis for them; and all documents
and tangible things reflecting such information;
(3) the issues and in general the factual basis for
a party's claims and defenses in the appeal; and
(4) information concerning the appellant's employment,
including the appellant's job application with the appellant's current
employer and any personnel evaluations.
(b) Subject to the provisions in this section, parties
may obtain discovery regarding any matter that is relevant to a claim
or defense in the appeal.
(c) All discovery requests should be directed to the
party from which discovery is being sought.
(d) All disputes with respect to any discovery matter
shall be filed with and resolved by the impartial hearing officer.
(e) All parties shall be afforded a reasonable opportunity
to file objections and motions to compel with the impartial hearing
officer regarding any discovery requests.
(f) Copies of discovery requests and documents filed
in response thereto shall be filed on all parties, but should not
be filed with the impartial hearing officer or the hearings coordinator
unless directed to do so by the impartial hearing officer or when
in support of objections, motions to compel, motions for protective
order, or motions to quash.
(g) Any documents contained in any file of DARS related
to the appellant are considered to be admissible. DARS must, without
awaiting either an order or a discovery request under subsection (a)
of this section, provide to the appellant a complete copy of the appellant's
record of services, as described in 34 C.F.R. §361.47, including
any electronically stored or preserved records.
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