Several Democratic-led states and the District of Columbia have joined in a lawsuit against Education Secretary Betsy DeVos, accusing the Trump administration of trying to unlawfully divert pandemic relief funds from public schools to private schools.

Last month, the Education Department put out a rule saying that private schools should benefit from a representative share of the more than $13 billion in the Coronavirus Aid, Relief and Economic Security (CARES) Act earmarked for public schools.

Wisconsin Attorney General Josh Kaul said it would divert nearly $4.2 million "away from taxpayer-funded public schools in our poorest school districts to private institutions — in violation of the requirements established by Congress, the Administrative Procedure Act, and the U.S.

"Instead of ignoring congressional intent and diverting funds away from public schools, Secretary DeVos should follow the law," he said.

In a call with Vice President Pence, DeVos on Monday said governors had left $195 million unspent from the funds for schools allocated under CARES