(a) (1) If a unified school district governed by a board of education of five members includes a chartered city, the charter of which provides for a board of education, the members of which are to be elected pursuant to this code and to hold office for the terms provided by this code, and three members of that board of education were elected to hold office for a term expiring during the school year commencing on the date the district was formed for all purposes, the office of three members of the board of education shall be filled at the first election of governing board members following the date of formation for all purposes.

(2) The term of office of the three members elected pursuant to paragraph (1) shall be determined by lot. The term of one member shall expire on the first Friday in December of the first succeeding odd-numbered year following his or her election; and the terms of two members shall expire on the first Friday in December of the second succeeding odd-numbered year following their election. The persons elected to succeed the three members shall hold office for four years.

(b) In a unified school district formed pursuant to Chapter 4 (commencing with Section 35700) of Part 21 of Division 3 of Title 2, which includes a chartered city, the governing board of the school district shall be the board of education of such city or city and county, provided that all qualified electors residing within the unified school district are eligible to vote at all elections held for the election of members of the city board of education and any elector residing in the district, or in a trustee area if the district is divided into trustee areas, is eligible to serve as a member of that board.

(c) In the event a unified district includes a chartered city, the governing board of the unified school district shall consist of either five or seven members, and shall be elected at large or by trustee areas, as designated by the unification proposal, and any elector residing in the district, or in a trustee area if the district is divided into trustee areas, is eligible to serve as a member of the board. The first governing board of any such unified school district shall be elected in the manner prescribed by Section 35101, except where the charter of the included chartered city expressly provides for the election of the first governing board of a newly formed unified school district, in which case those provisions of the charter shall control the election of the governing board.

(Amended by Stats. 2015, Ch. 386, Sec. 2. (SB 436) Effective January 1, 2016.)