The Arizona School Boards Association is suing a rival education policy provider run by its ex-executive director for copyright infringement after finding policy manuals provided to school districts allegedly lifted from ASBA’s policy manual. 

In a lawsuit filed in federal court, ASBA claimed policy manuals created by Copper State Education Alliance, a district policy, legal and lobbying service provider headed by former ASBA executive director Devin Del Palacio, included “brazen verbatim copying of at least a substantial portion” of the ASBA Model Policy Manual in violation of federal copyright. 

“This action is necessary to maintain the quality and exclusivity of the services we provide to our members,” Heidi Vega, communications director for ASBA, said in a written statement. “ASBA’s resources are designed to support the important work of school boards across Arizona, and we remain steadfast in our obligation to ensure that these assets are not improperly used or diluted.” 

Del Palacio, who was appointed to serve a short term as a state lawmaker in 2022, was hired as executive director of ASBA in July 2023, though his tenure was marked by controversy after an external inquiry during his hiring found he falsely claimed to have a bachelor’s degree on his resume. 

The majority of the ASBA board voted to keep Del Palacio anyways, but the discovery split members and sowed discord within the organization until Del Palacio’s resignation in December. 

In June, Del Palacio signed his name as chief executive officer of a new education policy, legal and government relations service provider, Copper State Education Alliance in pitches to school districts considering cutting ties with ASBA.  

Prior to Copper State’s incorporation, there were only two education policy providers in the state – ASBA and the Model Policy Program, operated by the Arizona Risk Retention Trust.

Del Palacio was joined by Nick Maddox, a Texas-based attorney who was retained by Del Palacio during his time at ASBA, as Copper State’s chief counsel, though Maddox is not licensed to practice in the state, per the state bar. 

In the complaint, ASBA noted Maddox’s role during his time at ASBA was to “advise policy service subscribers on policy questions,” and at the time he had “unfettered access to the entire content of the ASBA Model Policy Manual.” 

Copper State Education Alliance pitched their services to Washington Elementary School District, Creighton Elementary School District and Cartwright School District in June. 

Creighton Elementary School District was the first to contract with the organization and severed ties with ASBA in early June. On July 31, the board adopted the policy manual promulgated by Copper State. 

On August 5, Dennis Esford, counsel for ASBA, sent a cease and desist letter to Creighton, Creighton’s governing board and president of Copper State and of the Creighton school board, Sophia Carrillo. 

Maddox, acting as Copper State’s legal counsel, eventually pulled the manual off of Creighton and Copper State’s websites and promised an affidavit “stating that it had immediately halted use of the Manual and removed links to the Manual from any school districts, Copper State or third-party websites.” 

Del Palacio later sent an affidavit affirming he had full control and ownership of Copper State content, no school district had access to the manual by way of Copper State and that Copper State “has halted any use of the ASBA [Model] Policy Manual and has not used or removed the use of the ASBA [Model] Policy Manual from any school districts or third parties or third-party websites.”

But Esford claimed Copper State and Del Palacio went against the affidavit that same night when pitching their services to the Phoenix Union governing board. 

Del Palacio told board members to go to a link with Copper State’s policy. Esford pointed out in the complaint the link initially removed from public view in line with the affidavit, was made public again and accessible to the Phoenix Union board. 

ASBA filed suit on September 19, claiming copyright infringement and tortious interference with prospective economic advantage by Copper State.

The organization asks the federal court to order Copper State from using copyrighted material and award actual damages, or alternatively up to $150,000 per infringement. Copper State has yet to respond to the complaint. 

Del Palacio did not immediately respond to a request for comment, nor did Maddox.