Hundreds of Mineola parents and students have spoken out against or signed a petition calling for the resignation of Michael Nagler, the district’s superintendent, after an educational video program he created with his son, James, called Build Your Own Grade, failed and sparked heavy backlash from the community.
The BYOG program, which was terminated Oct. 10 following backlash from parents and students, was operating under the Naglers’ company Quave and asked eighth-graders to learn almost entirely on iPads through videos and online tasks in their English, math, science and social studies classes. A petition against the program garnered over 600 signatures after both students and parents said it made learning difficult, stressful and ineffective, as teachers were reportedly barred from directly answering the majority of student questions.
At the Thursday meeting, roughly two dozen parents and students spoke against Nagler and the BYOG program, expressing concerns about the lack of signed contracts and data privacy agreements between the district and Quave, conflicts of interest between Nagler and the district and alleging the board and district broke district policies and education law while implementing the program. Many called for his resignation or suspension, either voluntarily or through board action.
“No matter how you slice it, there is misconduct here,” said parent Stephanie Guariglia. “Under his contract, Dr. Nagler can be terminated for misconduct, neglect of duty, or willful violation of law or policy, all of which clearly apply here. Misrepresenting the existence of a required data privacy agreement and failing to protect student data are direct violations of his duty and the law…Dr Nagler should resign immediately.”
“Students don’t trust any of you anymore. You’ve lost our respect, and it’s obvious what your priorities are,” eighth-grader Madeline F. said to Nagler. “You don’t care about us. We’re going to be taking our first Regents exam in June, and we’ve lost two valuable months of teaching, and that just means the test will be that much harder to pass. Respectfully, I don’t think you should be in your position if you can’t handle it.”
Parents also threatened at the meeting not to ratify the school budget in May if Nagler was still the sitting superintendent.
The board of education has entered into a contract with an independent law firm to investigate Nagler’s actions and potential conflicts of interest surrounding the BYOG program. At the Oct. 30 board meeting, Board President Cheryl Lampazona said the interview phase of the investigation would be complete around Thanksgiving.
Lampazona also defended the board’s permission of the program, saying it was an “internal project developed by administrators and teachers” and “time volunteered by James Nagler.” She also said the board was not aware of the company, Quave, until the community brought it to their attention, which parents found shocking.
Neither the board nor Nagler has given any indication that he plans to step down, both citing the ongoing investigation. During the meeting, Nagler said the investigation would “exonerate” him.
“I don’t think I’m being treated fairly. I think people make stuff up,” Nagler said. “I’m going to be exonerated by the investigation. And then what? Then you’re not going to believe that. You’re going to make up something else.”
“I’m confident that there was no malice here, there was no negligence here,” he continued. “There’s nothing criminal here. And the reaction doesn’t warrant what occurred.”
An online petition started after the board meeting has gathered roughly 200 signatures calling for Nagler’s resignation, stating that there is “an urgent need to remove Dr. Michael Nagler as superintendent,” as he has “lost” the community’s trust.
“Instances of potential mishandled procurement operations have emerged, raising questions about conflicts of interest and the financial management of the district’s resources,” the petition reads. “The lack of transparency and oversight not only casts a shadow of doubt over financial operations but also impacts the quality of education services provided.”
“In light of these grievances, coupled with a widespread loss of trust among community members, it is apparent that new leadership is essential,” it continues. “If Dr. Michael Nagler does not voluntarily resign, we demand that the Board of Education take immediate action to remove him from his position to restore the integrity and trust of the Mineola Union Free School District.”
Parents and students have said they think the BYOG program is the most recent in a list of “troubling” actions taken by Nagler during his tenure as superintendent. They said they believed there have been other contracts and apps he has pushed into the district because they were owned or built by someone he had a connection to and that James has been in Mineola school buildings over the past few years. Schneps Media LI has not yet been able to independently confirm these claims.
Parents, including Stacey Tyson, said they don’t believe the current investigation into Nagler ordered by the board will be sufficient. She is also nervous that the full outcome of the investigation won’t be shared publicly by the board, as it may be subject to attorney-client privilege. For these reasons, Tyson said she and other parents are working to hire their own attorneys or consulting firm to investigate Nagler and the board’s actions, determine whether district policy or education law was broken and assess whether they should file a lawsuit.
Tyson, an attorney who has spent over a decade working in the NYC public school’s legal department with a focus on contracting, said she believes the district broke state education law by beginning to operate the BYOG program without an executed data privacy agreement, contract or signed agreement to receive free services, and violated board policies related to procurement of services, both for BYOG and the investigating law firm.
Tyson said it goes against state education law for a district to begin working with a company that handles student data without a contract and data privacy agreement signed by both parties prior to the start of services being provided. Recently FOILed documents showed there was never any executed agreement between the district and Quave.
“I would be scared if I were Nagler or on the board,” Tyson said. She said she doesn’t believe the district can claim the BYOG program was entirely internal as an outside company, Quave, was involved.
Additionally, Tyson said the way the board identified and selected the law firm to conduct an investigation into Nagler’s conduct surrounding Quave and BYOG violated district procurement policies. Lampazona said the board asked its general counsel to identify “a law firm with a long history in school law with significant experience in conducting sensitive investigations.”
“Our policy does not afford the opportunity for our general counsel to pick outside counsel for us,” Tyson said. “It may be the best firm for this purpose, but I have with me Policy 5410, Policy 5411 and Regulation 5411-R. They all speak to procurement guidelines, the need for competitive procurement and the procurement of goods and services. None of them say we can just ask our general counsel who’s the best for this.”
“They are assigning projects, awarding work, and spending taxpayer dollars without following the well vetted process that has been established,” Tyson said. “It’s established for a reason, and they’re winging it…There is no exemption from public procurement.”
Since the program was terminated on Oct. 10, Lampazona told Schneps Media LI over email that the transition back to traditional teaching after the 10th was “seamless.” But eighth-grader Madeline F. said it was “chaotic,” and that they’re relearning concepts taught to them under the BYOG model.
“We had to learn to get new syllabi and we had to basically just do everything over again from the beginning of the year, but we’re two months in, so that was kind of confusing,” Madeline said. “I’m definitely lost from where I need to be. And Regents are coming up, and I want to be prepared, but it’s hard when you’re two months behind.”
The next Mineola Board of Education meeting is at 7 p.m. on Thurs., Nov. 13, at the district’s Synergy building, across the street from the high school.
