The Mineola Union Free School District Board of Education voted Oct. 9 to hire outside counsel to investigate questions raised about the district's Build Your Own Grade (BYOG) initiative and said the BYOG digital component will remain suspended while that review is completed.

Board President Cheryl Ampersona announced the board's decision to retain Wightman, Osterman & Hannah LLP as special counsel at $230 per hour to 'conduct an investigation regarding a certain confidential matter'; the resolution was approved by voice vote. "Resolution 45 passes," the board secretary announced following the vote.

Why it matters: The board's action follows several weeks of community concern about BYOG's development, whether district resources were used to build a private product, and whether student data were properly protected. Dozens of parents, teachers and residents spoke at the meeting, urging the board to seek an impartial review and to consider suspension or removal of district leadership if problems are substantiated.

Superintendent Michael Naglas addressed the meeting before public comment, apologizing for a 'failed implementation' of the initiative and defending the educational goals behind BYOG. "I am truly sorry. I know a lot of parents are upset, and I also apologize for that," Naglas said, describing BYOG as an effort to make grading more transparent and to align classroom assessments with standards. Naglas said the digital portion was developed as a 'minimal viable product', that no taxpayer money financed the platform, and that the system collected only student names and school email addresses. He said the district followed Education Law 2-d requirements and that FERPA, COPPA and HIPAA were not violated, adding that the platform 'does not talk to any other system.'

Public commenters challenged those assurances. "This is not innovation, it's exploitation," said Stephanie Gargiullia, a parent who alleged the program was transformed into a private venture connected to the superintendent and his son. Gargiullia called for immediate suspension: "For the sake of our students, our teachers, and the integrity of this district, we call on each of the board members to do the right thing and take action. We demand accountability."

Other speakers raised procurement and data-privacy concerns, referenced New York State municipal ethics rules and cited a petition. "We request full disclosure of what data was collected, how it was stored, where it currently is," said Tony Dos Santos, who noted a petition of more than 600 signatures asking for an independent legal audit. Security researcher Greg Couture told the board the platform was "wide open" in his tests and urged a forensic review of any cloud databases tied to the project.

Board action and next steps: The board's resolution (Resolution 45) authorizes the president to execute documents necessary to implement the investigation; Wightman, Osterman & Hannah LLP was named as special counsel at $230 per hour. The board also publicly stated that the BYOG digital component will remain suspended pending the outside review, and the superintendent said administrators will continue to address instruction and grading questions internally.

Discussion vs. decision: The board's vote was a formal decision to retain independent counsel and to pause the digital rollout; the board did not vote on superintendent employment or on permanent removal of the digital or instructional model. Public commenters urged the board to consider additional actions, including suspension of the superintendent and full forensic audits; those measures were not taken at the Oct. 9 meeting.

What the investigation will examine: Public comments and the board's statement make clear the inquiry will focus on (1) whether district procurement rules or the New York State General Municipal Law were followed; (2) whether staff time or district resources were inappropriately used to develop a private venture; (3) what student data were collected, where those data reside, and whether storage and access complied with Education Law a7 2-d, FERPA and COPPA; and (4) any conflicts of interest under the district's code of ethics.

The board did not provide a timeline for the special counsel's work. The president said the board will share findings with the community "as appropriate" once the review is complete.

Ending: Parents and residents who spoke said they will monitor the investigation and press for transparency. The board's formal appointment of outside counsel marks the first explicit, board-level step toward an independent review of BYOG's development and deployment in Mineola.