MADISON, WI (AP)—Wisconsin’s education department says it will change its policy and now allow private schools to count online classes toward instructional time, just as public schools can do.

The reversal Wednesday comes after a judge on Tuesday ruled the current policy treating public and choice schools differently was unconstitutional.

The ruling was a win for School Choice Wisconsin Action, a group that advocates for schools in the state’s choice program.

The lawsuit alleged that the Wisconsin Department of Public Instruction was wrong to allow public schools, but not choice schools, to count online learning hours toward the number of required instructional hours.