Section 10866 - Appointment of executive officer; responsibilities of the governing board(a) The governing board shall appoint an executive officer to oversee the managing entity. The executive officer shall be exempt from civil service consistent with subdivision (e) of Section 4 of Article VII of the California Constitution, including setting the terms of employment, and annual compensation shall be commensurate with other like positions in state government. The executive officer shall employ such other employees as they deem necessary for the effective conduct of the work of the managing entity.(b) The governing board shall be responsible for, in consultation with the advisory boards, the strategic direction and implementation of the data system, including, but not limited to, all of the following: (1) Adopting a timeline for phasing in the data system, including a timeline for the development of analytical tools, operational tools, and offering professional development and technical assistance.(2) Ensuring that the data system is serving its intended purposes by submitting recommendations to the Governor and the Legislature to adjust the data system's vision, mission, and strategic objectives, particularly recommendations related to improving educational outcomes and reducing opportunity gaps.(3) Adopting and adjusting as necessary a data dictionary, data standards, and security protocols to ensure interoperability between the data system, the source data, and other state data systems using the same source data.(4) Expanding the maintained data set, beyond the P20W data set, by doing both of the following:(A) Approving additional data providers.(B) Requesting additional data points from data providers, in the context of data quality, legal concerns, costs, and preserving the neutrality of the data system. The governing board shall not require a data provider to collect data that the data provider is not legally allowed, under other applicable laws, to collect.(5) Creating new analytical and operational tools that would help the public interact with the data.(6) Creating, and revising from time to time, in consultation with the advisory boards, a data request process for use by researchers, policymakers, education systems, schoolsites, and college campuses for information that is all of the following:(A) In compliance with federal and state laws to protect individual privacy.(B) Not otherwise available via the public query tools maintained by the managing entity.(C) Allows for expedited access to summary data that has been properly deidentified.(D) Allows for data providers to approve data requests in the public interest, as defined pursuant to Section 10861.(c)(1) The governing board shall be responsible for adopting best practice policies related to privacy and security, including creating policies, in accordance with federal and state law, governing the collection and use of personally identifiable information from data providers, which may include the creation of an "opt out" policy for students and families.(2) This section does not hinder the use of personally identifiable information for educator- and student-facing college guidance and planning tools, defined as operational tools in Section 10861.(d) The governing board shall provide oversight of the data system and operational direction to the managing entity to ensure the data system is serving its intended purpose. This may include, but is not limited to, all of the following activities:(1) Adopting an annual strategic plan and reviewing and revising that plan as needed.(2) Approving budget requests for inclusion in the governing board's annual budget request.(3) Ensuring continued use of a user-centered design approach by the managing entity.(4) Reviewing and approving all of the following: (A) End user professional development, and technical assistance and communications plans, as developed by the managing entity.(B) An operational tools implementation plan, as developed by the managing entity.(C) Recommendations for topics to be included in reports to provide a neutral summary of information available in the data system.(D) Significant content changes to the analytical tools, such as dashboard visualizations and query builder data points.(5) Conducting data quality audits.(6) Providing for other audits and evaluations.(7) Adopting rules and exercising authority to promulgate regulations, including emergency regulations.(8) Any other activities necessary to further the intent of this chapter.(9) Providing regular reports to the Legislature and Governor related to the implementation of this chapter. The reports to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.(e) For purposes of compliance with the federal Family Educational Rights and Privacy Act of 1974 (Public Law 93-380, as amended), the governing board shall be designated as a state educational authority for purposes of ensuring privacy and effective use of the data system consistent with the purposes of this chapter.(f) The governing board may create any other policies and procedures necessary to further the intent of this chapter.Amended by Stats 2024 ch 736 (AB 2723),s 7, eff. 9/27/2024.Added by Stats 2021 ch 144 (AB 132),s 8, eff. 7/27/2021.