Wisconsin is joining a lawsuit to keep private schools in the state from getting coronavirus stimulus money.

Attorney General Josh Kaul said Wisconsin’s share of the $13 billion in CARES money is at risk.

“The funds allocated to schools in the CARES Act provide vital support at a time when schools have had to make significant changes to the way they teach students,” Kaul said in a press release. “Instead of ignoring congressional intent and diverting funds away from public schools, Secretary DeVos should follow the law.”

Under a U.S. Department of Education rule issued by Education Secretary Betsy DeVos, school districts are ordered to set aside a portion of their aid for private schools using a formula based on the total number of private school students in the district.

Kaul said spending government money on private schools hurts Wisconsin’s public schools.

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