---
kind: "section"
citation: "34 C.F.R. § 222.190"
title: "34"
number: "222.190"
heading: "How does the Secretary rank and select applicants?"
url: "https://uscodex.org/cfr/34/222.190"
---

# §222.190. How does the Secretary rank and select applicants?

- (a) To the extent that they are consistent with these regulations and section 8007(b) of the Act, the Secretary will follow grant selection procedures that are specified in [34 CFR 75.215 through 75.222](/cfr/34/75.215..75.222.md). In general these procedures are based on the authorizing statute, the selection criteria, and any priorities or other applicable requirements that have been published in the Federal Register.
- (b) In the event of ties in numeric ranking, the Secretary may consider as tie-breaking factors: the severity of the emergency or the need for modernization; for applicants under section 8003 of the Act, the numbers of federally connected children who will benefit from the project; or for applicants under section 8002 of the Act, the numbers of children who will benefit from the project; the AVPP compared to the LEA's State average; and available resources or non-Federal funds available for the grant project.

## 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.