California § 10864 - The data system shall be governed by a governing board composed of the following

§ 10864. The data system shall be governed by a governing board composed of the following

(a) The data system shall be governed by a governing board composed of the following 21 members: (1) The Superintendent of Public Instruction or the Superintendent’s designee. (2) The Chancellor of the California Community Colleges or the chancellor’s designee. (3) The Chancellor of the California State University or the chancellor’s designee. (4) The President of the University of California or the president’s designee. (5) The President of the Association of Independent California Colleges and Universities or the president’s designee. (6) The Chief of the Bureau for Private Postsecondary Education or the chief’s designee. (7) The Executive Director of the Student Aid Commission or the executive director’s designee. (8) The Executive Director of the Commission on Teacher Credentialing or the executive director’s designee. (9) The Secretary of California Health and Human Services or the secretary’s designee. (10) The Secretary of Labor and Workforce Development or the secretary’s designee. (11) Four public members, to be appointed by the Governor, as follows: (A) Two elementary and secondary education practitioners to serve as a representative of elementary and secondary educators, counselors, and administrators. (B) Two members of the public who meet the requirements of paragraph (1) of subdivision (c). (12) Four members of the public, to be appointed by the Legislature, as follows: (A) Two members of the public to be appointed by the Speaker of the Assembly. (B) Two members of the public to be appointed by the President pro Tempore of the Senate. (13) One Senator appointed by the President pro Tempore of the Senate, or the Senator’s designee. (14) One Assembly Member appointed by the Speaker of the Assembly or the Assembly Member’s designee. (15) The Chief Operations Officer of California School Information Services. (b) A designee serving at the pleasure of a governing board described in paragraphs (1) to (10), inclusive, of subdivision (a) shall be qualified and authorized to make decisions on behalf of the appointed member. (c) All of the following shall apply to the public member appointments made pursuant to paragraphs (11) and (12) of subdivision (a): (1) It is the intent of the Legislature that, in appointing members, the appointing authority shall make every effort to ensure the membership of the governing board is reflective of the cultural, racial, geographical, economic, and social diversity of California, taking into consideration factors including, but not limited to, diversity in data user experience, diversity in expertise with educational data, diversity in professional experience, and representation from different geographical and socioeconomic backgrounds. (2) The public members shall represent the public beneficiaries of the data system, including, but not limited to, practitioners, families, students, adult learners and workers, community organizations, research organizations, or advocates. (3) A public member shall serve a term of no more than three years, and shall not serve more than two consecutive terms or more than six years. (4) The public members shall have staggered terms. (5) For the first appointment of public members to the governing board only, to create staggered terms, the terms of those members shall be as follows: (A) The terms of the public members appointed pursuant to subparagraph (A) of paragraph (11) of subdivision (a) shall be for three years. (B) The terms of the public members appointed pursuant to subparagraph (B) of paragraph (11) of subdivision (a) shall be for one year. (C) The terms of the public members appointed pursuant to paragraph (12) of subdivision (a) shall be for two years. (d) Notwithstanding subdivisions (b) and (c), the governing board may expand membership on the governing board to include new data contributors and ex officio governing board members. (e) (1) Institutions and persons represented on the governing board pursuant to paragraphs (1) to (4), inclusive, and paragraphs (6) to (10), inclusive, of subdivision (a) shall be data providers. (2) Institutions and persons on the governing board described in paragraphs (5) and (11) to (15), inclusive, of subdivision (a) are not data providers. (f) The governing board shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).