MADISON, Wis. (AP) — The Wisconsin education department is being sued because it does not allow private schools in the choice program to count classes delivered virtually toward instructional time.

School Choice Wisconsin Action filed the lawsuit Wednesday in Waukesha County Circuit Court.

The lawsuit alleges that the Wisconsin Department of Public Instruction is illegally determining that public schools can count virtual learning time while choice schools cannot.

The department says state law only allows public schools to count such classes.

The issue came up this year when choice schools inquired about using internet classes to make up snow days.

Attorneys from the Wisconsin Institute for Law and Liberty argue that the department violated the equal protection rights of choice schools by treating them differently than public schools.