School Boards Association Sues Ex-Leader in High-Stakes Legal Battle

The Arizona School Boards Association (ASBA) has initiated a lawsuit against Copper State Education Alliance, a rival education policy service provider led by former ASBA executive director Devin Del Palacio. The suit, filed in federal court, alleges copyright infringement due to the unauthorized use of substantial portions of ASBA’s Model Policy Manual in Copper State’s policy manuals for school districts.

ASBA claims that the manuals provided by Copper State display “brazen verbatim copying,” violating federal copyright laws. Heidi Vega, ASBA’s communications director, emphasized the necessity of this legal action to protect the quality and integrity of their resources for school boards across Arizona.

Del Palacio’s brief term as ASBA’s executive director was marred by controversy, stemming from an inquiry revealing that he made misleading claims about his educational background during hiring. Despite this, a majority of the ASBA board voted to retain him until his resignation in December.

In June, following his resignation, Del Palacio launched Copper State Education Alliance, seeking to offer legal and policy services to school districts looking to disengage from ASBA. This marked a significant shift in the education policy landscape, which had primarily been dominated by ASBA and the Arizona Risk Retention Trust’s Model Policy Program.

Nick Maddox, a Texas attorney without practice credentials in Arizona, joined Copper State as chief counsel. ASBA’s lawsuit points to Maddox’s previous access to its Model Policy Manual, which he utilized to advise policy service subscribers while at ASBA.

Copper State began marketing its services just as various school districts deliberated on their policy support options. It was Creighton Elementary School District that first shifted its allegiance, contracting with Copper State and implementing its policy manual in July.

On August 5, ASBA’s counsel sent a cease and desist letter to Creighton and relevant parties, claiming unauthorized use of its materials. Following this, Maddox assured that Copper State would remove links to the disputed manual from all platforms.

Despite these assurances, ASBA later accused Del Palacio and Copper State of breaching their commitment by reintroducing links to the copyrighted material while pursuing business in the Phoenix Union. The lawsuit, filed on September 19, alleges copyright infringement and seeks legal remedies, including injunctions against further copyright violations and potential damages reaching $150,000 per infringement.

As of now, Copper State has not responded to the allegations, and requests for comment from both Del Palacio and Maddox went unanswered.