Using empty public school buildings for other programs

(a) When the department considers whether to close any particular public school, it shall simultaneously give reasonable consideration to making all or portions of the facilities of the public school available to charter schools and early learning programs; provided that the facilities may be used for any other purpose the board deems appropriate. (b) The department shall identify unused public school facilities that may be appropriate for: (1) Charter schools; (2) Early learning programs; and (3) Any other purpose the board deems appropriate. Suitable empty classrooms, as determined by the department, shall be inventoried for potential use by charter schools, early learning programs, or for any other purpose the board deems appropriate. Priority shall be given to facilities on sites with sufficient space for three or more classrooms. (c) T he department shall adopt rules necessary to carry out the purposes of this section . (d) For purposes of this section, "public school" means any school that falls within the definition of public schools in section 302A-101, except for charter schools. (e) Upon receipt of a notice pursuant to subsection (b), the executive office on early learning shall solicit applications from early learning programs interested in using and occupying all or portions of the facilities of the public school and submit a prioritized list of early learning programs to the department for final determination of which early learning program, if any, shall be authorized to use and occupy the public school facilities.