[Code of Federal Regulations] [Title 34, Volume 3] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR644.20] [Page 306] TITLE 34--EDUCATION DEPARTMENT OF EDUCATION PART 644--EDUCATIONAL OPPORTUNITY CENTERS--Table of Contents Subpart C--How Does the Secretary Make a Grant? Sec. 644.20 How does the Secretary decide which new grants to make? (a) The Secretary evaluates an application for a new grant as follows: (1)(i) The Secretary evaluates the application on the basis of the selection criteria in Sec. 644.21. (ii) The maximum score for all the criteria in Sec. 644.21 is 100 points. The maximum score for each criterion is indicated in parentheses with the criterion. (2)(i) For an application for a new grant to continue to serve substantially the same populations or campuses that the applicant is serving under an expiring project, the Secretary evaluates the applicant's prior experience in delivering services under the expiring project on the basis of the criteria in Sec. 644.22. (ii) The maximum score for all the criteria in Sec. 644.22 is 15 points. The maximum score for each criterion is indicated in parentheses with the criterion. (3) The Secretary awards additional points equal to 10 percent of the application's score under paragraphs (a) (1) and (2) of this section to an application for a project in Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands (Palau), or the Northern Mariana Islands if the applicant meets the requirements of subparts A, B, and D of this part. (b) The Secretary makes new grants in rank order on the basis of the applications' total scores under paragraphs (a) (1) through (3) of this section. (c) If the total scores of two or more applications are the same and there are insufficient funds for these applications after the approval of higher-ranked applications, the Secretary uses the remaining funds to serve geographic areas and eligible populations that have been underserved by the Educational Opportunity Centers program. (d) The Secretary may decline to make a grant to an applicant that carried out a project that involved the fraudulent use of funds under section 402A(c)(2)(B) of the HEA. (Authority: 20 U.S.C. 1070a-11, 1070a-16, and 1144a(a))