A Denver Gazette reporter is not entitled to inspect the disciplinary records of Denver school administrators because a state statute protects the confidentiality of educator evaluations and all documents “used in preparing” those reports, the Colorado Court of Appeals decided Wednesday.

In a ruling that carves out a major exception to existing case law regarding the disclosure of public employees’ disciplinary files, a three-judge panel of the state’s second-highest court determined that it must construe the language of the Colorado Licensed Personnel Performance Act (CLPPEA) “as drafted.”

And that statute “unequivocally bars school districts from disclosing to third parties” the evaluation reports and any related records of licensed professional educators — including the “FRISK” summaries sought by Gazette reporter David Migoya, wrote Judge Lino Lipinsky de Orlov. (FRISK is a human resources acronym for facts, rule, impact, suggestions and knowledge.)