SAN FRANCISCO, Calif. — California, Michigan and three other states are suing the U.S. Department of Education over pandemic relief funds.

In the lawsuit filed Tuesday, the attorneys general of California and Michigan say the department run by Secretary Betsy DeVos is attempting to take pandemic relief funds away from K-12 public schools and divert them to private schools.

Maine, New Mexico, Wisconsin and the District of Columbia have joined the lawsuit.

They say the department’s interim final rule would allow public schools that charge tuition similar to private colleges to get funds based on the total population they serve.

DeVos previously said the funding is meant to support all students.