---
kind: "section"
citation: "34 C.F.R. § 263.21"
title: "34"
number: "263.21"
heading: "What priority is given to certain projects and applicants?"
url: "https://uscodex.org/cfr/34/263.21"
---

# §263.21. What priority is given to certain projects and applicants?

- (a) The Secretary gives priority to an application that presents a plan for combining two or more of the activities described in [section 6121(c)](/cfr/34/6121.md?p=c) of the Elementary and Secondary Education Act of 1965, as amended (ESEA), over a period of more than one year.
- (b) **The Secretary gives a competitive preference priority to—**
  - (1) **Tribal lead applicants.** An application submitted by an Indian Tribe, Indian organization, BIE-funded school, or TCU that is eligible to participate in the Demonstration Grants for Indian Children and Youth program. A group application submitted by a consortium that meets the requirements of [34 CFR 75.127 through 75.129](/cfr/34/75.127..75.129.md) or submitted by a partnership is eligible to receive the preference only if the lead applicant is an Indian Tribe, Indian organization, BIE-funded school, or TCU; or
  - (2) **Tribal partnership.** A group application submitted by a consortium of eligible entities that meets the requirements of [34 CFR 75.127 through 75.129](/cfr/34/75.127..75.129.md) or submitted by a partnership if the consortium or partnership—
    - (i) Includes an Indian Tribe, Indian organization, BIE-funded school, or TCU; and
    - (ii) **Is not eligible to receive the preference in paragraph (b)(1) of this section.**
- (c) The Secretary may give priority to an application that meets any of the priorities listed in this paragraph. When inviting applications for a competition under the Demonstration Grants program, the Secretary designates the type of each priority as absolute, competitive preference, or invitational through a notice inviting applications published in the Federal Register. The effect of each type of priority is described in [34 CFR 75.105](/cfr/34/75.105.md).
  - (1) **Native youth community projects.** Native youth community projects, as defined in this subpart.
  - (2) **Experienced applicants.** Projects in which the applicant or one of its partners has received a grant in the last four years under a Federal program selected by the Secretary and announced in a notice inviting applications published in the Federal Register.
  - (3) **Consolidated funding.** Projects in which the applicant has Department approval to consolidate funding through a plan that complies with [section 6116](/cfr/34/6116.md) of the ESEA or other authority designated by the Secretary.
  - (4) **Statutorily authorized activities.** Projects that focus on a specific activity authorized in [section 6116(c)](/cfr/34/6116.md?p=c) of the ESEA as designated by the Secretary in the notice inviting applications.
  - (5) **Rural applicants.** Projects that include either—
    - (i) An LEA that is eligible under the Small Rural School Achievement (SRSA) program or the Rural and Low-Income School (RLIS) program authorized under title VI, part B of the ESEA; or
    - (ii) A BIE-funded school that is located in an area designated with locale code of either 41, 42, or 43 as designated by the National Center for Education Statistics.
  - (6) **Non-rural applicants.** Non-rural projects that do not meet the priority in [paragraph (c)(5)](#c-5) of this section. This priority can only be used in competitions where the priority in [paragraph (c)(5)](#c-5) of this section is also used.
  - (7) **Accessing choices in education.** Projects to expand educational choice by enabling a Tribe, or the grantee and its Tribal partner, to select a project focus that meets the needs of their students and enabling parents of Indian students, or the students, to choose education services by selecting the specific service and provider desired.

## Notes

### Amendments

[85 FR 43450, July 17, 2020]

### Authority

Authority: 20 U.S.C. 7441, unless otherwise noted.

### Authority

Authority: 20 U.S.C. 7441, unless otherwise noted.

### Source

Source: 80 FR 22412, Apr. 22, 2015, unless otherwise noted.

### Amendments

[85 FR 43450, July 17, 2020]