(CNN) Education Secretary Betsy DeVos indicated discrimination in schools on the basis of sexual orientation is "unsettled" law and a matter for Congress and the courts to address -- not her department.

After declining last month to say how she would handle allegations of private school discrimination under a federally-funded school voucher program, DeVos was pressed Tuesday on the topic by Democrats at a Senate hearing. President Donald Trump's budget proposal sets aside funds to create a school choice program, but provides few details about how it would be run.

The education secretary repeatedly said that any school "receiving federal funding is required to follow federal law," but said federal law is unclear on protections for LGBTQ students.

"On areas where the law is unsettled, this department is not going to be issuing decrees," DeVos said. "That is a matter for Congress and the courts to settle."

Later in the questioning, DeVos said she is broadly opposed to discrimination, but did not specify how she would handle cases brought to her attention.

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