[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.209] [Page 139-140] TITLE 34--EDUCATION PART 75--DIRECT GRANT PROGRAMS--Table of Contents Subpart D--How Grants Are Made Sec. 75.209 Selection criteria based on statutory provisions. (a) The Secretary may evaluate applications by-- (1) Establishing selection criteria based on statutory provisions that apply to the authorized program, which may include, but are not limited to-- (i) Specific statutory selection criteria; (ii) Allowable activities; (iii) Application content requirements; or (iv) Other pre-award and post-award conditions; and (2) Assigning the maximum possible score for each of the criteria established under paragraph (a)(1) of this section. [[Page 140]] (b) The Secretary evaluates an application by determining how well the project proposed by the applicant meets each statutory provision selected under paragraph (a)(1) of this section. Example: If a program statute requires that each application address how the applicant will serve the needs of limited English proficient children, under Sec. 75.209 the Secretary could establish a criterion and evaluate applications based on how well the applicant's proposed project meets that statutory provision. The Secretary might decide to award up to 10 points for this criterion. Applicants who have the best proposals to serve the needs of limited English proficient children would score highest under the criterion in this example. (Authority: 20 U.S.C. 1221e-3 and 3474) [60 FR 63873, Dec. 12, 1995, as amended at 62 FR 10401, Mar. 6, 1997]