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Denver Gazette and DPS Argue in Court of Appeals Over Disclosure of School Administrators’ Disciplinary Records

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  • Colorado Freedom of Information Coalition

    The Colorado Freedom of Information Coalition is a nonpartisan alliance of groups, news organizations and individuals dedicated to ensuring the transparency of state and local governments in Colorado by promoting freedom of the press, open courts and open access to government records and meetings.

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The Colorado Court of Appeals heard arguments Tuesday about whether a state law that makes educator evaluation records confidential also shields the disciplinary records of Denver Public Schools administrators.

A Denver District Court judge ruled last year that four years of “FRISK” summaries sought by Denver Gazette reporter David Migoya are not “personnel files” exempt from disclosure under the Colorado Open Records Act. But she agreed with DPS that allowing public inspection “would substantially injure the public interest.”

The Denver School Leaders Association, which represents principals and assistant principals, intervened in the case after the newspaper appealed, contending the FRISK disciplinary memos cannot be disclosed because of the statute on educator evaluation records. (FRISK is a human resources acronym for facts, rule, impact, suggestions and knowledge.)