Section 644.20 - How does the Secretary decide which new grants to make?(a) The Secretary evaluates an application for a new grant as follows: (1)(i) The Secretary evaluates the application on the basis of the selection criteria in § 644.21 .(ii) The maximum score for all the criteria in § 644.21 is 100 points. The maximum score for each criterion is indicated in parentheses with the criterion.(2)(i) For an application for a new grant to continue to serve substantially the same populations and campuses that the applicant is serving under an expiring project, the Secretary evaluates the applicant's prior experience of high quality service delivery under the expiring project on the basis of the outcome criteria in § 644.22 .(ii) The maximum total score for all the criteria in § 644.22 is 15 points. The maximum score for each criterion is indicated in parentheses with the criterion.(iii) The Secretary evaluates the PE of an applicant for each of the three project years that the Secretary designates in the FEDERAL REGISTER notice inviting applications and the other published application materials for the competition.(iv) An applicant may earn up to 15 PE points for each of the designated project years for which annual performance report data are available.(v) The final PE score is the average of the scores for the three project years assessed.(b) The Secretary makes new grants in rank order on the basis of the applications' total scores under paragraph (a) of this section.(c) If the total scores of two or more applications are the same and there are insufficient funds for these applications after the approval of higher-ranked applications, the Secretary uses the remaining funds to serve geographic areas and eligible populations that have been underserved by the Educational Opportunity Centers program.(d) The Secretary does not make a new grant to an applicant if the applicant's prior project involved the fraudulent use of program funds.59 FR 2658, Jan. 18, 1994, as amended at 75 FR 65781 , Oct. 26, 2010 Authority: 20 U.S.C. 1070a-11 , 1070a-16 , and 1144a(a)