34 CFR 366.34 - What is the order of priorities?
(a) Unless the Director and the chairperson of the SILC, or other individual designated by the SILC to act on behalf of and at the direction of the SILC, jointly agree on another order of priorities, the Director shall follow the order of priorities in § 366.22 for allocating funds among centers within a State, to the extent funds are available.
(b) If the order of priorities in § 366.22 is followed and, after meeting the priorities in § 366.22(a) (1) and (2), there are insufficient funds under the State's allotment under section 721(c) and (d) of the Act to fund a new center under § 366.22(a)(3), the Director may -
(1) Use the excess funds in the State to assist existing centers consistent with the State plan; or
(2) Return these funds to the Secretary for reallotment in accordance with section 721(d) of the Act.