---
kind: "section"
citation: "34 C.F.R. § 222.189"
title: "34"
number: "222.189"
heading: "What funding priority does the Secretary give to applications?"
url: "https://uscodex.org/cfr/34/222.189"
---

# §222.189. What funding priority does the Secretary give to applications?

- (a) Except as provided in [paragraph (b)](#b) of this section, the Secretary gives funding priority to applications in the following order:
  - (1) First priority is given to applications described under [§ 222.177](/cfr/34/222.177.md) and, among those applicants for emergency grants, priority is given to applications based on a rank order of the application quality factors referenced in [§ 222.190](/cfr/34/222.190.md), including the severity of the emergency.
  - (2) After all eligible first-priority applications are funded, second priority is given to applications described under §§ [222.178](/cfr/34/222.178.md) and [222.179](/cfr/34/222.179.md) and, among those applicants for emergency grants, priority is given to applications based on a rank order of the application quality factors referenced in [§ 222.190](/cfr/34/222.190.md), including the severity of the emergency.
  - (3) Third priority is given to applications described under [§ 222.180](/cfr/34/222.180.md) and, among those applicants for modernization grants, priority is given to applications based on a rank order of the application quality factors referenced in [§ 222.190](/cfr/34/222.190.md), including the severity of the need for modernization.
  - (4) Fourth priority is given to applications described under §§ [222.181](/cfr/34/222.181.md) and [222.182](/cfr/34/222.182.md) and, among those applicants for modernization grants, priority is given to applications based on a rank order of the application quality factors referenced in [§ 222.190](/cfr/34/222.190.md), including the severity of the need for modernization.
- (b)
  - (1) The Secretary makes awards in each priority described above until the Secretary is unable to make an approvable award in that priority.
  - (2) If the Secretary is unable to fund a full project or a viable portion of a project, the Secretary may continue to fund down the list of high-ranking applicants within a priority.
  - (3) The Secretary applies any remaining funds to awards in the next priority.
  - (4) If an applicant does not receive an emergency or modernization grant in a fiscal year, the Secretary will, subject to the availability of funds and to the priority and award criteria, consider that application in the following year along with the next fiscal year's pool of applications.

## Notes

### Source

Source: 69 FR 12235, Mar. 15, 2004, unless otherwise noted.

### Authority

Authority: 20 U.S.C. 7701-7714; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

### Source

Source: 60 FR 50778, Sept. 29, 1995, unless otherwise noted.