[Code of Federal Regulations] [Title 34, Volume 3] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR428.22] [Page 116] TITLE 34--EDUCATION CHAPTER IV--OFFICE OF VOCATIONAL AND ADULT EDUCATION, DEPARTMENT OF EDUCATION PART 428_BILINGUAL VOCATIONAL INSTRUCTOR TRAINING PROGRAM--Table of Contents Subpart C_How Does the Secretary Make an Award? Sec. 428.22 What additional factors does the Secretary consider? (a) After evaluating the applications according to the criteria in Sec. 428.21, and consulting with the appropriate State board established under section 111 of the Act, the Secretary determines whether the most highly rated applications are equitably distributed among populations of individuals with limited English proficiency within the affected State. (b) The Secretary may select other applications for funding if doing so would improve the-- (1) Equitable distribution of assistance among populations of individuals with limited English proficiency within the affected State; or (2) Geographical distribution of projects funded under this program. (Authority: 20 U.S.C. 2441(d)(5))